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I don't know anything about Alabama law specifically, and in particular I don't know what "menacing" means.
But I'm a prosecutor, and I do know what "assault" means, and this isn't it.
For assault, you have to be placed in reasonable apprehension of receiving an imminent battery. "Imminent" means "right now." And it requires an overt act beyond mere words. So if somebody says "I'm going to beat you up" while standing next to you and shaking their fist, that's assault. If they say "I'm going to beat you up next Tuesday", that isn't.
Okay, I just looked it up:
Menacing.
(a) A person commits the crime of menacing if, by physical action, he intentionally places or attempts to place another person in fear of imminent serious physical injury.
(b) Menacing is a Class B misdemeanor
So "Menacing" is what we in Illinois call "assault," and "assault" in Alabama is we would call "battery." Either way, no crime here, sorry.
Don't shoot the messenger. I don't write the laws, I just enforce them.
I do think the moron should be permanenly banned.
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Patrick
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