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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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Sir: would you mind taking a look at my ?s under criminal ...

Customer Question

Sir: would you mind taking a look at my ?s under criminal law...I have been accused of communicating a threat...
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear Customer

Yes. If you are acquitted of this charge, you can pursue charges in civil court for defamation, harassment and any punitive damages for the stress related to this incident. Also talk to the DA about pursuing charges for false report to police officer, court officer and pejury in the statement of charges and also, if this person takes that stand and lies under oath.

Thank you for your patience in getting you this answer. Things have been busy here.

 

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 7 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Relist: I still need help.
Additional ?s
What are the minimum and maximum penalties for perjury, filing false charges, and malicious prosecution in North Carolina? Are they felonies or misdemeanors?
Expert:  Michelle replied 6 years ago.

Article 28.

Perjury.

§ 14-209. Punishment for perjury.

If any person shall willfully and corruptly commit perjury, on his oath or affirmation, in any suit, controversy, matter or cause, depending in any of the courts of the State, or in any deposition or affidavit taken pursuant to law, or in any oath or affirmation duly administered of or concerning any matter or thing whereof such person is lawfully required to be sworn or affirmed, every person so offending shall be punished as a Class F felon - 70 t0 84 months and a $50,000 fine

§ 14-225. False reports to law enforcement agencies or officers.

Any person who shall willfully make or cause to be made to a law enforcement agency or officer any false, misleading or unfounded report, for the purpose of interfering with the operation of a law enforcement agency, or to hinder or obstruct any law enforcement officer in the performance of his duty, shall be guilty of a Class 2 misdemeanor. 30 days in jail

I was unable to locate anything for malicious prosecution -

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