2007-12-21 14:30:36 · 10 answers · asked by METALOCALYPSE 2 in Politics & Government ➔ Law & Ethics
Suing is a civil action to remedy damages done. What you said occurs on a daily basis and is not something that will result in action. This does not appear to be a statement inflicting emotional distress, etc.
It is not necessarily a criminal action, since it is a conditional threat. The person is not threatened unless they do/do not do a certain act. Conditional threats do not put a person in imminent fear of bodily harm since they can elect not to fulfill the condition. "I'll kill you if you step one foot further on my property" for example...is not a criminal threat. It's conditional and is actually intended to be a threat to protect one's self.
2007-12-21 15:05:28 · answer #1 · answered by ironjag 5 · 1⤊ 0⤋
Threats in the State of MO are not illegal unless they are acted upon. Meaning if you have it on tape that someone threatened you and then later that person carried through with the threat then they can be charged for making the threats.Other than that you can threaten people all day long as you dont carry through with them. As stated this would be a civil suit. You can sue for anything. It doesnt mean you are going to win in a civil court. You would have to prove undue stress and other things to even be awarded monetary damages. Also a lawyer more than likely would not take a case like this as there would be no monetary gain for them. That means you would more than likely have to go to a small claims court and whats the point in that?
2007-12-22 22:57:22 · answer #2 · answered by firerescuemo 3 · 0⤊ 0⤋
Your question is very broad, but can someone sue? We need to know the circumstances. What is s/he suing on and what kind of damages has s/he suffered?
Right off the top of my head I can think of a Civil Assault claim. S/he has to assert that you were threatening imminent bodily harm (No touching required) and s/he was fearful of his/her life. S/he will need more proof than just his/her words though, say they saw a gun on you when you made that threat. As a result, perhaps they suffer harm which has to be proved by a medical expert.
So no if all you did was say "I'll kill you if you do this." But if you said it and the other person reasonbly believes that you were going to hurt them and can prove damages and a relationship between your threat and the harm, then they have a case. As you see, it is not easy to assert such a claim.
The foregoing is merely my opinion and not to be used as legal advice.
2007-12-21 14:40:49 · answer #3 · answered by Andy 4 · 0⤊ 0⤋
A suit for criminal forfeiture award can be brought in some states- it amounts to private party doing a police/prosecutors job and collecting the fine stated in criminal law statute, but under civil court rules. Can also try to get extra damage award. Most recent possible example is O.J. Simpsons case- State prosecutor lost criminal 'murder' case, but Goldman won 'wrongful death' civil case. Simpson couldn't be jailed under civil case but lost property to partially pay award, bankrupted. Some civil rape cases known - police reports not enough for prosecutor to charge so parent went to civil court and won - got the $5000.00 fine that law said was forfeiture for rape charge + court costs, legal fees. Socially daughter became a rape victim instead of a whore who didn't get paid. Maryland case 1980s? I Missouri the fine for felony assault is what? Sue for that amount and costs, may need court permission to proceed.
2007-12-21 14:56:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Probably not. What monetary damages have you suffered?
There is also the big "if". If the person said "I'll kill you!" and a reasonable person could take that as a threat, the offender could be charged with battery which is a criminal offense.
2007-12-21 14:37:57 · answer #5 · answered by Ti 7 · 0⤊ 0⤋
Making physical threats is illegal, although the prosecutor would have to demonstrate that you plausibly could have attempted to carry out the threat in order to convict you (in other words, eliminate the possibility that you weren't really serious). Now if you call somebody and make such a threat over the telephone, that's a whole different charge.
2007-12-21 15:49:08 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Sure a person can sue, doesn't mean they are going to win, anyone can sue anyone for anything.
2007-12-21 14:36:23 · answer #7 · answered by niddlie diddle 6 · 0⤊ 0⤋
If you record that statement and got prove on the capability of achieving it, you can report to police. It is threaten and is criminal.
However, you need to eliminate the possibility of practical joke.
2007-12-21 14:35:16 · answer #8 · answered by giginotgigi 7 · 1⤊ 1⤋
Communicating threats is a felony. You are going to prison.
2007-12-21 14:45:37 · answer #9 · answered by Anonymous · 0⤊ 1⤋
that is criminal, not civil,.....no law suit there,.....
2007-12-21 14:36:03 · answer #10 · answered by Anonymous · 0⤊ 1⤋