Legal Question in Criminal Law in California

Extreme Verbal Abuse

A lady verbally abused me during a Board Meeting. She began to yell and when I asked her to calm down, she said to me in a very loud voice in front of 12 persons. She said ''Go F...k yourself, and F... you you son-of-a-bitch. Is this enough to charge her criminally?


Asked on 10/21/05, 2:48 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Extreme Verbal Abuse

I agree with Mr. Torrey. In addition to what he said, I note that the First Amendment limits the ability of any government -- federal, state or local -- to criminalize speech. It is possible to commit a variety of different crimes (treason is an example that leaps to mind; extortion is another) merely by speaking, but what matters in such cases is what the speech accomplishes rather than what the speaker says. A law which made it illegal to swear at someone would surely be unconstitutional.

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Answered on 10/21/05, 3:46 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Extreme Verbal Abuse

from the facts given, the answer would be "no". criminal charges have to go ALOT further than verbal abuse. the verbal abuse would have to be accompanied with an affirmative conduct that would lead a reasonable person to believe that physical harm was eminent as well. so, under the circumstances you cannot file criminal charges, but you may possibly have civil remedies, depending on the overall picture. if you would like to contact us today with more facts and/or a free consultation, we are here for you.

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Answered on 10/21/05, 5:08 am


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