A lot of people recall making prank calls as children. Although many individuals don't think that making a prank phone call is a big concern, the law sadly has a different attitude. California Penal Code 653m states that it is unlawful to make electronic contact with someone with "the aim to annoy" them.

This may or may not apply to your situation and the phrasing can be ambiguous. Law Office of Michael L. Fell can be reached at (949) 585-9055 if you require legal advice after learning more about prank phone calls in the following paragraphs.

The prosecution faces a difficult task in trying to convict you

This law clearly states that using the phone to annoy or threaten someone is prohibited. It is prohibited under another legislation to communicate with someone in a way that threatens them, their family, or their property. If you are discovered to have done this, you may be charged with a misdemeanor. The prosecution may find it difficult to secure your conviction, nevertheless. They need to show:

• You called or contacted the accused victim via electronic means with the intention of agitating them
• You used vulgar words or threatened to harm the target's family or property

First line of defense: You didn't use any offensive language

You might start by demonstrating that the language you were using was not offensive. No words are specifically listed as being obscene, and there is no legal definition of what it means to irritate. Instead, the judge must determine what an "average person" would deem insulting. One strategy is to demonstrate that, while your language may have been unsavory, it was not outright hostile.

Option 2 for defense: You did not make the call

Your criminal defense lawyer may also try to prove that you did not initiate the calls or send the electronic messages. After all, just because an email or phone call originated from your account or a phone you own does not necessarily indicate that you were the one to make the call or send the email.

Option 3 for defense: You weren't trying to irritate or harass anyone

The prosecution must establish that you intended to harass or annoy another person in order to secure a conviction. We may simply argue that you made the call with good intentions and that it was an honest error.

You need a qualified counsel if you are being investigated for any form of criminal offense, including making harassing or obscene phone calls, violating Title IX, committing crimes on campus, or something more serious. We at Law Office of Michael L. Fell are here to assist you. Call (949) 585-9055 to schedule a free legal consultation.