Legal Question in Criminal Law in Maryland

I am being charged with telephone misuse. I made repeated (4) calls to a social services supervisor after many long months of having my case bungled and being denied service. I was very ill that day, and I said things that I never would say, and never have said to anyone in my 53 years! The calls have a threat in them. Stupid thing is, I completely misrepresented myself as I am very gentle, have never hurt anyone, not would think of it. The victim knows that I have been a teacher my whole life. She is saying that she wants to prevent me from ever being around children again. While I can understand her concern, isn't this like trying to turn this into an assault charge? I never hurt her, not anyone, ever. Can a charge like this actually be considered on the same level as an actual assault charge? Or, am I looking at this in the wrong way?

Asked on 9/18/11, 11:45 am

4 Answers from Attorneys

William Welch William L. Welch, III Attorney

Assault requires the present ability to cause an offensive touching. Usually a person cannot do that by phone. However, with a cell phone a person could both speak via phone and be present.

Other crimes such as telephone misuse and harassment can be committed by phone.

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Answered on 9/18/11, 12:07 pm
joseph owens OwensLaw

In short, because of your occupation this is something you should take very seriously. However, you likely did not commit an assault and probably committed no crime whatsoever. Although, attempting to distinguish between whether the calls were made from a cell phone or a land line is not relevant to either an assault or misuse charge, your personality and whether the receipient knew you as a gentle person is of consequences. I recommend you contact an attorney immediately; as many attorneys can get such a case resolved favorably and quickly.

Joseph Owens

Phone: 410 246 2152

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Answered on 9/18/11, 1:23 pm

In today's climate, telephone misuse can have far reaching ramifications, particularly when social services are involved. You should contact an attorney to help you through this situation.

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Answered on 9/18/11, 7:36 pm

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