Examination of potential penalties to harass the phone in California

The phone calls are nothing new. Do you know harmless but annoying calls who want to know if your refrigerator is working? We hope the appellant laughed and will not disturb you. Obcene phone calls are quite different, and California is not the only state that makes it illegal.

So if you use a threatening or obscene language, You can go to prison for telephone harassment? You will not receive a right answer yes or no. Some factors enter into the determination of the punishment if you are guilty of making obscene phone calls or harassment in the golden state.

When is considered a harassed phone call?

No, constant spam calls will not enter this category. Even though almost everyone considered spam harassed calls, they are not illegal according to the CALE law.

Conformable Criminal Code of California 653mA phone call harass only when the intention is to annoy the receiver using obscene language or to make threats. Threats must be against the person responding to the phone, family or property.

Because the technology continues to advance, the law of the gold state must also keep the step. Over the past two years, PC 653m has recorded several adjustments:

• Ringing the victim on the phone and making obscene observations or threats
• Leaving obscene observations or threats on a person’s vocal messenger
• The text of obscenities or threats to the victim
• Send via Email Obscenities or Threats for Victim
• Faxing a letter with obscenities or threats
• Taking disturbing or suggestive photos on a smartphone and sending them to the victim
• Making repeated calls/texts/e -mails/faxes with the intention to harass

You can also be charged with a PC 653m violation if you call and leave a generic vocal message or not at all, then make obscene observations or threats when the person sounds back. You can even be loaded if you are not the one who speaks obscenities, but instead, hand over someone else’s phone.

How to know if the phone call is obscene

The law loves to use ambiguous terms that have different meanings for various people. The term obscene It’s one. What you consider obscene can be a normal conversation for someone else.

Previously, obscene was quite limited to sexual content. This is still applied, but the definition has expanded dramatically. Some examples of what can be considered obscene or harassment may include any of the following:

• Using an obscene or profane language
• Using sexual inuendo
• Using a language describing graphic violence
• Making threats to the safety of the victim, family or property
• Sending photographs or videos of a person’s body parts, such as genital organs, buttocks, etc.
• Sending photos or videos with violent acts

Ringing and saying nothing. If you call and close without talking, the prosecutor could still argue that you intend to annoy or harass by calling first.

Whoever receives the harassing telephone call can also play a role in discovering if a state law is violated. As the status governing telephone harassment is related to the laws on domestic violence, prosecutors must establish a relationship between the caller and the receiver.

We do not say that all harassed phone calls are part of a case of domestic violence. Only the criminal prosecution must show the appellant either knows or has willingly tore the victim at random.

Potential sanctions for phone harassment in California

If you are guilty of telephone harassment, California looks at it as a crime. The time of the prison is not indeed, but there is a threat of spending possible up to six months closed. Most criminals for the first time are slapped only with a fine. Before breathing a sigh of relief, the fines tend to run around $ 1,000.

Things begin to change dramatically if your harassed phone call includes threats. Now, you have graduated an accusation of crime, and potential punishments can change life and not in a good way. Instead of the county prison, you face up to three years in a state imprisonment. Your fine can jump up to $ 10,000.

Harassing phone calls are often related to other crimes

Sometimes a harassing phone call is just the beginning of the charges. For example, I mentioned domestic violence. Some additional accusations that are often headed in court with a case of harassing phone calls include but not limited to the following:

• The realization of criminal threats (Criminal Code 422 PC): To make a threat to kill or seriously injure the alleged victim. If your “annoying” telephone call includes such a threat, and the person considers that the threat of being credible, you can also be accused of this crime, which can be prosecuted as a crime or crime
• Stalking/Cyberstalking (Criminal Code 646.9): The act of harassing or threatening someone else. If you are using a phone or smartphone to do this, you can be charged with prosecution, either by a crime or offense
• Violation of a restriction order (Criminal Code 273.6): If the alleged victim of your “annoying” telephone call was a significant one, with a restriction order against you.

While sometimes you can get out of accusations of crime, claiming the harassing phone call as a mistake, this does not usually work when other code violations are applied. To ensure that your legal rights are protected, it is a good idea to associate yourself with a criminal defense lawyer in San Jose.

The way your California criminal defense lawyer may combat potential charges of telephone harassment

Sometimes you can apologize and slide on your wrist. This is not unusual when the harassing phone call is an honest mistake. You can even remove a minor penalty for offenses for the first time. On the other hand, you could face additional charges, such as prosecuting or carrying out criminal threats.

Regardless of your accusation, it is quite good to consult with an experienced lawyer in California criminal defense. Your lawyer may investigate your case and present evidence to the judge. Your lawyer may even be able to find mitigating factors that can help you reduce your sentence if you are found guilty.