Person A verbally threatens to kill Person B. Person A does not have a weapon to carry out the death threat, nor does he make any aggravated, threatening motions towards Person B. Person B does not cower, nor does he leave the area where the threat was communicated and continues to engage in argumentative conversation with Person A. Person B does not behave in an intimidated manner. Person A leaves the situation and no further interaction transpires.
Would this be considered a felonious or otherwise criminal threat, punishable by law in the state of Florida?
It could be, but I am not here to engage in hypothetical banter about what person A or B might or might not have done.
An assault is a credible threat in the mind of the person who is threatened, and that's all I've got to say about it.
Wishing you luck and hoping that I have been helpful in answering your question.
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Probably not. This should help you:
784.048 Stalking; definitions; penalties.—
(1) As used in this section, the term:
(c) “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.
I am not your lawyer! Answering your question does not establish an client/attorney relationship between us. My answer is based on the information you have provided. It is possible that my answer would be different if I knew ALL the facts and evidence concerning your case. Further, plea offers made by the State and sentencing by a judge can vary greatly from county to county, but are legal if the offer is in accordance with the laws of Florida.
This sounds like it is a question on some type of school exam.
We are not here to help with people's schooling
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