If.you make a threatening statement, can your lawyer successfully defend you and allow you to walk away feee without

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Customer: If.you make a threatening statement, can your lawyer successfully defend you and allow you to walk away feee without having any criminal offences in your record and also not lose your Job?
Answered by TK Legal in 3 hours 3 years ago
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TK Legal, Expert

Hello dear !

Yes, in fact, he can.

Just because you have made a threatening statement, it does not mean you are guilty. If you make the threat in self-defence or in the prevention of crime you may have a defence of lawful excuse. Whether any threat made was reasonable in the circumstances will be a matter for the magistrates or jury. Equally, a comment made in temper or jest, with no intent to make anyone fear it would be carried out, would not be an offence.

Statements that are stated in a joking, or non serious way are not sufficient to gain a conviction for a threats charge. The threat needs to be made in a way that is intended to be taken seriously by the victim. The context in which the statement was made thus becomes critical to the defendant's case. If the threat is made along with an assault, or during a fight or domestic incident, it can be a difficult burden to prove the statement was not intended to be taken seriously.

If you have made the statement to a third party and if the third party merely misinterprets your statement, then that can be a defence too. But, as I said it will all depend on the evidence.

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TK Legal, Expert

I hope that helps. I would appreciate if you could take just a second to provide a 5 star rating (at the top right of your screen). I'll be credited by Just Answer for my time spent responding to your question for which I'd be very grateful.If you need anything further, I am available for a follow up at no extra cost.

Customer
Thanks for your feedback, if it was a conversation on the phone talking to person A about B and A recorded the phone without your knowledge?
Customer
Also can a threat be directed to a group of people, say you tell person A about a group of people, in other words you tell A about your feelings and your opinion about a particular group of people, would that be a threat?
Customer
If you make a threat while on certain medications like for example anti depressants because you are always stressed and suffers from anxiety attacks
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TK Legal, Expert

That is not a threatening statement. You are sharing your feelings to someone. You did not say anything to person A without any intention to make Person B fear or the group of people fear that your threat would be carried out. Your state of mind when you made the threat is important. Whether you intend to do the threatening act is the main key.

Customer
Appreciate your 5 star rating. Last part to the question if in the above case a person tells A threatening remarks about B or group of.people and A tells B /group of people about the threats. Lets say the person who makes the threat said it out of joke. In other words a person makes.threatening remarks about a person or group of people but they were joking, can this be defended in court?
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TK Legal, Expert

Of course, why not? The whole conversation transcript will be before the magistrates or jury. The context in which the threat was made will be ovious if the case is presented nicely before them. If it is just a joke, that is a good defence because you never intended to act upon on those threats. We say many things out of anger which we do not even mean.
Customer
Lets say someone really said a threatening statement but never acted on it. They can always say they were joking and they never meant it as defence? After all no one suffered any damages or loss etc
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TK Legal, Expert

If someone meant to act upon on it, then it will be a problem. If someone did not mean, then they can say they were joking. Otherwise, everyone would say "I was joking, I did not meant that". It will all depend on the evidence. What you said, how you said, the background of it.

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