If I thought I was in a life threatening situations and someone threatens to kill me, is it against the law for be to threaten them back?
Mr. Harkess is correct. Why in the world would you think that threatening him back and his entire family would be OK? That is simply nonsensical. Both of you could be charged with menacing and possibly felony menacing, depending on the circumstances. I am concerned that you even thought of that as a response.
It's not only not a legal defense, it's rather dumb. If you actually believe that a person intends to kill you (life threatening situation) it makes no sense to escalate things by making threats to them and a group of third parties. The right response to a credible threat to kill you would be to remove yourself from harms way, contact law enforcement, and if you are actually faced with the use of deadly force by an assailant you might decide to use force against that person to defend yourself. Threatening to harm a bunch of other people is not helpful, could be illegal, and is not very smart.
You can reach Harkess & Salter LLC at (303) 531-5380 or [email protected] Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
No. You're confusing it with self defense. There is no legal justification for responding to the crime of threatening to kill someone with the same threat. Did you have the opportunity to walk away to avoid harm? Threat of future injury is not enough to justify making a threat to kill someone. In fact it can be charged as a crime.
Serious consequences can follow from responding to a threat with a threat. Contact the police and file a report, let them deal with it instead of verbally duking it out with your assailant.
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