Is “Verbal Assault” Illegal?

At work, home, or at school, harassment or verbal assault can be grounds for discipline or a civil lawsuit. However, “verbal assault” is not a formal criminal charge, although physical assault is. The threat of physical assault, however, could be.

A verbal threat can appear to qualify as an assault, even if you don’t physically harm the person. If you are facing criminal charges for a verbal assault, however, keep in mind your accuser will have to prove their case – the most important part of which is demonstrating they had reason to believe you were going to carry through with your assault.

Threatening to or carrying out an act of physical violence, can result in assault or battery charges against you. In some cases, the threat of violence may be enough to lead to criminal charges, even if you do not actually physically harm someone.

What is a verbal threat?

Per LegalMatch.com, a verbal threat is:

…a statement made to someone else in which the speaker declares that they intend to cause the listener harm, loss, or punishment. Although this definition sounds very similar to the definition for assault, simply uttering threatening words to another person will most likely not count as an assault.

However, a verbal threat can turn into an assault in certain situations. LegalMatch specifies that “a verbal threat becomes a crime when:

• The speaker threatens to harm or kill the listener or the listener’s family;
• The speaker’s threat is specific and unambiguous;
• The listener has reasonable belief and fear that the speaker will carry their threat out; and
• The speaker communicates the threat either verbally, in writing, or through electronic correspondence (e.g., email, text message, etc.).”

Is verbal assault a crime in Nashville?

Tennessee criminal law (Tenn. Code Ann. § 39-13-101) states:

A person commits assault who:

1. Intentionally, knowingly or recklessly causes bodily injury to another;
2. Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
3. Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Under point two, any person who intentionally causes someone else to fear “imminent bodily injury” can be charged with assault and serve jail time or pay fines. The Legal Information Institute defines “imminent” as “in the context of assault, means the threatened harmful or offensive contact must be certain or likely to occur very soon.”

Here’s a very basic example: If you were in an argument with someone and said, “I want to knock you out right now,” but walked away from the incident, an allegation of fear of imminent bodily injury likely would not stand. However, if you said the same thing while raising a weapon like a baseball bat, you may find yourself facing criminal charges.

Can I get sued for verbal assault?

There are scenarios where a verbal assault can also turn into a civil matter. One such example is in the workplace, where verbal threats or harassment can lead to lawsuits and disciplinary action.

In a school setting, verbal attacks or threats by students may prove bullying or cyberbullying is taking place. Verbal assaults could help demonstrate that a school is not following its anti-bullying or zero-tolerance policies, opening a wide door for school and even parent liability issues.

Remember, you can be charged with assault even if you do not physically harm another person, and verbal threats can be used to prove intent, leading to more serious changes.

Can a verbal threat increase an assault charge?

Any verbal threat you make could potentially be used to prove intent to harm, which can make the charges much worse:

• For example, in Tennessee, a person who kills another person in a fit of passion can be charged with voluntary manslaughter, a Class C felony.
• But, a person who plansto murder another person can be charged with first-degree murder, a crime punishable by death.

This means that if you make any type of verbal threat, and later assault the person in question, the prosecution will almost certainly increase the severity of your charges, citing evidence of intent or premeditation.

Homicide is not the only charge where this increased severity would apply. In domestic abuse cases, threats of violence may be enough to have you arrested and charged, leading to a loss of certain rights, access to your children, and an order of protection.

It’s crucial to take any assault charges against you seriously – even verbal assault charges. Nashville criminal defense lawyer Perry A. Craft can help. Call the Law Office of Perry A. Craft, PLLC today at 615-640-1040 or complete our contact form to schedule a consultation.

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