Virginia Beach, VA asked in Domestic Violence for Virginia

Q: Is an oral statement to cause the death of another person considered a misdemeanor or felony however unintended?

This statement is made mostly in the heat of a disagreement by person 1 and assumed to be unfulfilled. It also an additional statement made by a person with disabilities who is triggered by an assumed "normal" person who claims to have no mental disabilities. In other words it's a he said - she said situation because of a disagreement.

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2 Lawyer Answers
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
Answered
  • Richmond, VA
  • Licensed in Virginia

A: Typically, a verbal threat alone is not enough to constitute criminal conduct, but there are exceptions. For instance, threatening to kill the President is a crime.

Steve Miyares agrees with this answer

1 user found this answer helpful

Steve Miyares
Steve Miyares
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: I agree with the answer. As a general rule mere threatening words without some step in furtherance of the threat is not a crime. However, there are exceptions to the general rule. For example, threats made over the telephone or via other electronic methods of communication are a crime in Virginia. If you are concerned about your particular communication, you should consult privately with a criminal defense lawyer in your local jurisdiction about the specific facts and circumstances of your situation.

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