My question involves criminal law for the state of: California
Background story:
My friend got scammed when buying a car last year. Basically, he bought a car and was never issued a title and the car had liens and does not pass smog (in the state of California, it is required for the seller to make sure the car passes smog in order change and update title for new owner).
He tried to claim his money back but the scammer kept ignoring his texts and calls until one day, he decided to call the scammer with a new phone and the scammer pretended he was someone else and recently got this phone number.
My friend tried to renew the tags in the dmv but the dmv could not issue a registration for him.
Long story short, my friend got really angry and said a ton of insults about the way he sells cars. My friend also said "Thank god this scam happened to me instead of my brother otherwise, I will hurt you and your family".
I was just wondering if that is considered a threat and a crime because it is hypothetical and it states that if only it happened to his brother. Since the purchase was already made and the whole scamming incident happened to my friend already, it would be impossible if it actually happened to my friend's brother. I believe that it will only be a threat and a crime if it was still possible for my friend to take action and if he was able to be in control of threat.
Background story:
My friend got scammed when buying a car last year. Basically, he bought a car and was never issued a title and the car had liens and does not pass smog (in the state of California, it is required for the seller to make sure the car passes smog in order change and update title for new owner).
He tried to claim his money back but the scammer kept ignoring his texts and calls until one day, he decided to call the scammer with a new phone and the scammer pretended he was someone else and recently got this phone number.
My friend tried to renew the tags in the dmv but the dmv could not issue a registration for him.
Long story short, my friend got really angry and said a ton of insults about the way he sells cars. My friend also said "Thank god this scam happened to me instead of my brother otherwise, I will hurt you and your family".
I was just wondering if that is considered a threat and a crime because it is hypothetical and it states that if only it happened to his brother. Since the purchase was already made and the whole scamming incident happened to my friend already, it would be impossible if it actually happened to my friend's brother. I believe that it will only be a threat and a crime if it was still possible for my friend to take action and if he was able to be in control of threat.
Threats and Intimidation: What Statemtns Constitute the Making of Threats
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