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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17022
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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What happens if someone files a harrasment charge against you

Resolved Question:

What happens if someone files a harrasment charge against you in tn?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 2 years ago.
Hello,

This is a serious charge and I assume you mean someone filed criminal harassment allegations against you. If that is the case, I have set out the statute below for your review. Depending on how it would be charged, as you can see, it could be a misdemeanor or felony charge. In any event, you should consult with a local criminal defense attorney as soon as possible. In addition, if you haven't already done so, you should decline to provide a statement to the police. Everything you say to them will be used against you in the investigation or prosecution if charges are eventually filed.

If they are filed, you will be arrested and book and arraigned, where you will enter your plea. Again though don't make a statement or a plea without first speaking to a local criminal defense attorney. Whatever you do, DO NOT contact the other party who has alleged this harassment.


Tenn. Code Ann. § 39-17-308. Harassment. (2008)

(a) A person commits an offense who intentionally:

(1) Threatens, by telephone, in writing, or by electronic communication, "including electronic mail or internet services,", to take action known to be unlawful against any person, and by this action knowingly annoys or alarms the recipient;

(2) Places one (1) or more telephone calls anonymously, or at an hour or hours known to be inconvenient to the victim, or in an offensively repetitious manner, or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the recipient; or

(3) Communicates by telephone to another that a relative or other person has been injured, killed or is ill when the communication is known to be false.

(b) (1) A person convicted of a criminal offense commits an offense if, while

incarcerated, on pre-trial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is:

(A) Anonymous or threatening or made in an offensively repetitious

manner or at hours known to be inconvenient to the victim;
(B) Made for no legitimate purpose; and

(C) Made knowing that it will alarm or annoy the victim.

(2) If the victim of the person's offense died as the result of the offense,

the provisions of this subsection (b) shall apply to the deceased victim's next-of-kin.

(c) violation of subsection (a) is a Class A misdemeanor. A violation of subsection (b) is a Class E felony.


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Customer: replied 2 years ago.
I wasn't arrested I was told not to contact the person again and if I did I would ne arrested and booked. Also shortly afterwards the person then sent me a email. Shouldn't they not be contacting me.
Expert:  Marsha411JD replied 2 years ago.
You are correct, they really shouldn't be contacting you either and you will want to keep a record of that, in case they try to allege that you have violated the direction you were given by the police. At this point, it looks like there is either only a restraining order or just a warning from police, which is good. So, as long as you don't contact them, you can move on.
Customer: replied 2 years ago.
I have no plans of contacting them anymore I was abosolutely shocked when this happened I didn't even know why it had happened. So what would be the be the best course of action? Due my job there it brings me in close proximity of their house. I may run into them and also how can I avoid getting caught up in something I don't want.
Expert:  Marsha411JD replied 2 years ago.
There is nothing you can do other than what I mentioned in both of my previous responses. If there is a protective or restraining order, then follow that to a tee. If not, then just do what you can to avoid this person. If they come to you or contact you, then you just need to make a record of it. Stay away, for at least a while from anywhere you know they are likely to be unless you cannot avoid it.

Best of luck to you.
Customer: replied 2 years ago.
Thank you for your help I greatly appreciate you cleared up alot of confusion for me.
Expert:  Marsha411JD replied 2 years ago.
You're welcome and best of luck to you. Please don't forget to click the ACCEPT button so that JustAnswer will pay me on your behalf for my efforts.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17022
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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