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Defense to Penal Law 240.30 (1) (a)

 
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Defense to Penal Law 240.30 (1) (a)

 

Optional Information:
State/Country relating to question: New York

Already Tried:
I said "I am going to fix you" and take you back to court. she said that I said I am going to "fix you" . I was arrested and charged with aggravated Harassment

Submitted: 1070 days and 22 hours ago.
Category: Criminal Law
Value: $30
Status: CLOSED

Accepted Answer

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Expert:  PaulMJD replied 1070 days and 22 hours ago.

Your only defense is that the reason for your communication was not to cause annoyance or cause alarm and the substance of your communication was such that it would not cause annoyance or alarm to the reasonable person. This means showing your communication had a valid and lawful purpose and was not designed to annoy or harass the other party and show that you were trying to reach a legal settlement with the person outside of court on a matter that you had legal grounds to sue over and when they refused to settle you informed them you were going to exercise your legal right to sue.


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Category: Criminal Law
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Answered: 5/13/2010

Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience

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