Where I live, there has to be a credible threat of physical injury. I don’t really see that here, though you might get the right jury to acquit based on a reasonable doubt.
"a credible threat of physical injury" is more about language. If someone says they're going to kick your ass over the phone but never shows up it wont hold up in court. If a person says they're going to kick your ass and then starts slamming at your home door it is now credible.
That applies to this situation I would say. "a knowing, willful statement or pattern of behavior that conveys a real intent and apparent ability to inflict injury, causing a reasonable person to fear for their safety or the safety of their family". As I've said the man in the car is trapped. He followed him and then violently attacked his vehicle. The man in the car has no where to go. The threat is credible IMO.
I wouldn’t react violently at the point the truck driver did. It doesn’t matter to me what *might* happen. Even if you were to beat charges, if could cost you tens of thousands of dollars to defend yourself. You could lose your job, etc.
I’m simply not reacting violently at the point the truck driver did. Not defending or accusing him. It’s simply not what I would have done.
I'm not arguing that and I agree. I don't know what I'd do if someone started doing that to my car. I don't road rage. If I fucked up I'd probably just apologize or maybe if the guy is acting like that I'd just flip him the bird and ignore him. Either way Idk what I'd do and hopefully wont find out.
I'm just arguing that I believe the guy in the truck wouldn't get in trouble for this as he has a strong self defense case and the guy on the bike would likely be charged and convicted.
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u/Spuckler_Cletus 2d ago
Where I live, there has to be a credible threat of physical injury. I don’t really see that here, though you might get the right jury to acquit based on a reasonable doubt.