Disagreements can easily become contentious and downright volatile. People who start arguing verbally may eventually get into physical altercations. Even if they don’t lay hands on one another, they may threaten to do so. People lost in the heat of the moment can sometimes make statements that escalate the situation and put them at risk of the situation turning into an actual physical fight.
Can the state take legal action against those who threaten to escalate a fight verbally?
Fighting words can be grounds for criminal charges
Florida law establishes a clear difference between assault and battery. Battery occurs when one person intentionally injures another person during a fight. Assault involves making a credible threat against the other party.
One person threatening to attack another could end up accused of assault even if they never intended to follow through on the threat. If other reasonable people might find the threat credible and the individual appeared to have the ability to follow through on the threat, then the state could bring charges over an argument that turned volatile but not violent.
In cases where fighting words are not threatening enough to warrant assault charges, state prosecutors could instead pursue disorderly conduct charges. Both offenses are misdemeanors. While they may not be as serious as felony offenses, they carry criminal consequences and can lead to a lifelong criminal record.
People hoping to defend against pending assault charges may need help making sense of the law and developing a reasonable strategy. Reviewing what led to an assault arrest with a skilled legal team could help a defendant avoid a violent criminal conviction.
