My question involves criminal law for the state of: Pennsylvania
A coworker and friend of mine recently got into an argument with another coworker. In the middle of the argument, he took out his folded pocket knife (about 3" blade) and made a broad statement about how the other guy would regret saying/doing something. In no way did he state that he would hurt the guy (just that he would regret it), and he did not unfold the knife or show the blade. However, the fight eventually got physical and someone called the cops. He's now being charged with "criminal threatening with a deadly weapon," which apparently is a felony.
Does merely displaying the knife count as threatening? I want to state again that he did not use it and did not even unfold it; in fact, the knife has a lock on it which was engaged (I have the same one, so I know), although obviously the other guy didn't know about the lock. The other guy threw the first punch after my friend had put the knife back in his pocket. My friend is in over his head with all the legal stuff and will probably bend to any pressure a cop/lawyer puts him under, so I just want to make sure for his sake that he doesn't plead guilty to something he could beat.