Tuesday, January 13, 2015

I told someone that if they ever confront me directly, I would do everything in my power to mess them up. Can I get sued or go to jail?

Question

I told someone that if they ever confront me directly, I would do everything in my power to mess them up. Can I get sued or go to jail?



Answer

It may be a criminal threat. But even if it's not, it's too close and probably not a great thing to say. Stay safe, or you will need to retain an attorney like me. I wish you well. David Wallin



Answer

There is a difference between" being sued" and "going to jail." Being sued is a civil question. It involves a person suing you to get money from you for a tort. To win the person you "threatened" would have to show that they have been damaged. But even without losing being sued can be very uncomfortable and almost anyone can sue you at any time.

Going to jail requires the District Attorney to bring charges against you for a violation of the criminal law. If this is a conditional threat, "if they ever confront me" it may not pass as a criminal threat but this is a close call. Threats are serious charges and should be avoided. They can be misdemeanors or felonies. They can be strikes and lead to serious prison time. All too often we are careless about we say but it can get you into big trouble..



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