Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern. Below is the section under which you are charged and the burden is on the State of Alabama, to prove the charge against you beyond a reasonable doubt. They are going to have to show the elements listed below and will need to do this through evidence and testimony
. It is first going to need to be determined how this person claims you contacted them. If they say it was from your cell or home phone and you have the call logs, you will be able to fight this and prove them wrong. At the same time, they may claim it was from a different number but it was you, which is why nothing appears on the home or cell records. Moreover, you can certainly show that this person has a motive, since you are in a custody battle and they are trying to hurt you for their own gain and make up lies, in the process. Your attorney is going to make a demand for discovery, so all the evidence which the State has and will be used against you can be turned over for review. In addition, the "victim" will likely be deposed, so more information can be gained as to what happened. Your attorney can certainly present the phone records and other possible evidence to show there is no basis and the victim made this all up. If not, then you will need to proceed to trial, if the State is not going to drop it and insists the victim is telling the truth. The first thing is to fight the criminal charge and then you could go after her civilly if she did with maliciously and you suffered damages.
or harassing communications.
(a)(1) HARASSMENT. A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either:
a. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact.
b. Directs abusive or obscene language or makes an obscene gesture towards another person.
(2) For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.
(3) Harassment is a Class C misdemeanor
(b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:
a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.
b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.
c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.
Nothing in this section shall apply to legitimate business telephone communications.
(2) Harassing communications is a Class C misdemeanor.
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