What might my wife face if she lost her cool and told a 17 year old boy that if he didn’t stop harassing our 16 year old daughter she would beat his ass?

She didn’t mean it or intended on harm the boy but was merely stressing her point for him to leave our daughter alone. Can she be charged and, if so, what and what type of penalty or fine would she face?

Asked on December 1, 2015 under Criminal Law, North Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

At most, it would be a verbal misdemeanor threat--similar to a ticketable offense.   The fact that the SRO officer is say "nothing is there" is helpful.  If they idiot dad does swear out a complaint, then your wife needs to counterclaim for a harassment complaint on behalf of your daughter.  These are both misdemeanors that really need to be handled informally, and the counterclaim/offense will punctuate that need.  If it was just verbal, most prosecutors will dismiss the case.


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