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I think there is a difference between threatening bodily harm and threats of other potentially criminal activities.
If Joe Shmoe threatens to blow my head off, he has already committed the crime of assault. If he has a gun at the time of the threat, it is assault with a deadly weapon.
The law allows a person to defend themselves if their life is threatened. The threat must be immediate and believable in order to use deadly force as a defense. Some states require a person to actually attempt a retreat before they can become aggressive in this defense, but others say the threat itself is enough. IE: If Joe Shmoe has a water gun and is squirting me with it, telling me he's going to send me to my next life, I would be unable to justify (in court) the use of a real gun to shoot HIM with because the threat was not believable. Or lets say Joe Shmoe tells me he is going to blow my head off during a bar brawl. If I go home, sleep it off, then go buy a gun and go shoot Joe Shmoe a day or two later, this won't fly because the threat was not immediate.
However, if Joe Shmoe threatens to steal all my money, it is just a threat. If I were a wise person, I would take steps to ensure my money was safe but unless he actually snatches my money away, he hasn't committed a crime.
The definition of what is and when a crime occurs varies depending on the crime itself. The Supreme court (state and/or federal) decides how to apply these definitions in cases where there is a dispute.
Stormie
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- Mahatma Gandhi
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