If you have been accused of malicious use of a telecommunication device you need to call an attorney with the experience needed to properly defend you. Call criminal defense lawyer Aaron J. Boria 734-453-7806.
Malicious use of a Telecommunication Device
A suspect was alleged of making harassing communication with a complainant about a business conflict. The suspect supposedly called the complainant making repeat threats over the phone about not making an appropriate business tax payment. The complainant said the phone number that called was an unknown number but assumed that the suspect blocked his own number before calling. The complainant also assumed that the voice on the phone was that of the suspect’s as well. The suspect said that the complainant had initiated the contact and made threats to him, the suspect was only responding to the phone calls.
A police officer responded to the complaint by speaking with the complainant and attempted to locate the suspect. The suspect was unable to be located that day. Unfortunately for the suspect, he had several Michigan warrants, including felony charges. The suspect was eventually arrested for the charge of the malicious use of a telecommunication service.
Malicious use of a Telecommunication Service Punishment
The penalty for the malicious use of a telecommunication service is 6 months in jail and/or a $1000 fine, MCL 750.540e. In addition to these penalties, a person could also be facing other consequences such as the possibility of probation and volunteer services.
The Crime of Malicious use of a Telecommunication Service
When a suspect is facing a criminal charge, it is always the burden of the prosecutor to prove the offense beyond a reasonable doubt. In order for the Washtenaw County Prosecutor to prove the offense of the malicious use of a telecommunication service they would have to show that a suspect: 1. Maliciously used a service (such as the telephone). 2. provided by a telecommunications service provider. 3. with the intent to do any of the following:
- terrorize, frighten, intimidate, threaten, harass, molest, annoy, or disturb the piece and quiet of the complainant
4. by threatening physical harm or damage. 5. to any person or property during the conversation. 6. and/or using vulgar, indecent, obscene, or offensive language.
*This also includes repeatedly initiating a telephone call without speaking, purposely hanging up the telephone call, or breaking telephone communication.*
Defenses for the charge of the malicious use of a telecommunication service:
- A person was using their 1st amendment right to freedom of speech
- A person was the one being threatened and only responding to the incoming phone call
- A person did not have the intent to do any of the above threats
In this case, because the suspect had previous arrests and convictions, probation was not an option and he was sentenced to 30 days in jail.
If you have been charged with a misdemeanor of a malicious use of a telecommunication service contact Aaron J. Boria for a free consolation today (734) 453-7806