Making Annoying Phone Calls – California Penal Code 653m
Making annoying phone calls is not to be taken lightly. It is a serious offense, as described under California Penal Code Section 653m. This statute makes it a crime to make repeated or harassing phone calls, or phone calls that use obscene or threatening language. Many PC 653m criminal cases are related to domestic violence, underscoring the severity of the matter.
It's crucial to understand that the law requires more than one or two incidents of an annoying phone call to support a charge under Penal Code 653m. There must be multiple phone calls or repeated harassment, emphasizing the importance of the law's criteria.
It should also be noted that annoying or harassing calls don't always have to be made using a phone. PC 653m also covers sending obscene text messages, emails, or other types of electronic communication. Modern technology and caller ID provide evidence of making annoying phone calls.
An example of PC 653m making annoying or harassing phone calls includes a situation where a couple is in the middle of a divorce and living in separate locations. One spouse is unhappy with the current child custody arrangement, and they begin to make repeated threatening phone calls.
A common method to prove an annoying phone case is to leave voicemails by the caller. The amount and length of the phone calls, and the relationship between the victim and the caller are crucial factors considered by a prosecutor on whether to file criminal charges.
To provide readers with useful information about the crime of PC 653m, which involves making annoying phone calls, our California criminal defense lawyers will outline the law below.
Definition of Penal Code 653m – Annoying Phone Calls
California Penal Code 653m PC defines making annoying or harassing phone calls as "Anyone who, with the intent to annoy, telephones or makes repeated contact with an electronic communication device with another person using obscene language, or with a threat to inflict injury to them, or their property, or members of their family, is guilty of a misdemeanor."
For a conviction under Penal Code 653m, the prosecutor must prove that you intentionally made the phone calls to annoy, or used obscene language, or made a threat to inflict great bodily injury or death. This requirement underscores the weight of the legal process.
In a situation where you made threats to commit great bodily injury or death, the prosecutor could file Penal Code 422 criminal threats charges.
It's crucial to note that a phone call, text message, email, or other communication has to be more than just annoying to be considered a crime. The calls will normally involve threats, obscene language, or repeated harassing phone calls.
Using Offensive Language
Obscene language doesn't have to be sexual to be considered obscene; rather, it could include any language considered offensive or that violates the general standard of being appropriate, such as profanity or derogatory remarks. For example, using racial slurs or making derogatory comments about someone's appearance could be considered obscene in the context of PC 653 m.
Again, the relationship between the two parties is an important factor in determining if the language was obscene. The prosecutor must also be able to prove that you had the intent to annoy or harass the victim when you made the phone calls.
In general, phone calls that are made for legitimate business reasons will not qualify as annoying telephone calls. The California crimes that are closely related to Penal Code 653m include:
- Penal Code 422 – Criminal threats
- Penal Code 646.9 – Stalking
- Penal Code 273.6 – Violation of a restraining order
Penalties for Penal Code 653m Annoying Phone Calls
If convicted of PC 653m making annoying phone calls, it's a misdemeanor crime that carries up to six months in a county jail, a fine up to $1,000, or both jail and a fine. A conviction could also have long-term consequences, such as difficulty finding employment or housing.
The judge has the discretion to suspend the sentence or order misdemeanor probation. Additionally, the judge could require you to attend mandatory counseling.
As stated, Penal Code 422, criminal threats, is a closely related charge to Penal Code 653m, making annoying phone calls. PC 422 is the more serious charge and will be filed in cases where you threaten great bodily injury or death, intended the communication as a threat, and caused the victim to fear for their safety, or the safety of their family.
PC 422 is a “wobbler,” which means the prosecutor has the discretion to file the case as either a misdemeanor or felony crime. This means that depending on the circumstances of your case, you could be facing either a less severe misdemeanor charge or a more serious felony charge, which could result in a longer prison sentence and a higher fine.
If convicted of criminal threats as a misdemeanor, you are facing the same penalties as PC 653m charges. However, if convicted of felony criminal threats, you are facing up to three years in a California state prison, a fine of up to $10,000, or both.
Fighting PC 653m Annoying Phone Calls Charges
It should be noted that the prosecutor carries the burden of proof in cases of PC 653m, making annoying phone calls. If they are unable to prove the elements of the crime, you should be able to avoid a conviction.
The legal process, while daunting, typically involves a series of court appearances, including an arraignment, pre-trial hearings, and a trial if the case goes that far. Our attorneys will guide you through this process.
If you are accused of making annoying or harassing phone calls, our Los Angeles criminal defense attorneys can use a range of strategies to fight the case:
- Lack of intent to annoy or harass. Recall the elements of the crime above in an annoying phone call case. It must be proven that you had the intent to annoy or harass the alleged victim. We might be able to make an argument that you never possessed such intent. Perhaps we could prove that the calls were made in good faith or were business-related.
- Language not obscene. If the prosecutor is alleging you made annoying phone calls using obscene language, we might be able to make an argument that the language was not, in fact, obscene. You have a right to free speech, and the court will need to determine what type of language was obscene.
- False allegation. We might be able to prove with evidence using the phone and other records that you were not the person making the annoying phone calls. Perhaps we could prove you were falsely accused by someone with a perceived motive to cause you harm, such as revenge or jealously.
It's important to note that the key element in a PC 653m making an annoying or harassing phone call is intent. This must be proven to be convicted.
If you were charged with California Penal Code 653m making annoying or harassing phone calls, you should not make any statements to the police, or you risk making incriminating statements. Rather, contact our Los Angeles criminal defense lawyers to review the details and legal options.
Cron, Israels & Stark is a team of highly experienced criminal defense lawyers with a track record of success. Our office is located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Contact our law firm for a free case evaluation at (424) 372-3112.
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