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Lawmoe, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  More than 19 years of experience as a Criminal Defense Lawyer
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I smacked the phone out of a school security guards hand.

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I smacked the phone out of a school security guards hand. He was threatening me and my son and said he was calling somebody to come and cause harm to us. He was already arguing with my son before I got there and using profanity and saying he was going to f-him up. He is trying to press assault charges on me and get a warrant for my arrest. Is he allowed to make those types of statements in his line of work? He was very profane and clear that he wanted to cause bodily harm to us verbally, but did not do anything physically. I know I should not have smacked the phone from his hand, I was upset and felt intimidated by his comments.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lawmoe replied 7 years ago.

There is nothing that precludes a security officer from being less than polite. However, threats of harm could become criminal if they are clearly articulated and put a person in reasonable apprehension of physical harm. That would be a terroristic threat. Of course, proving what was said is not usually a simple matter. That is particularly true since fact finders tend to give far too much weight to a person wearing a uniform and/or acting in an official capacity such as law enforcement and even a security guard.


It would seem that if the security guard was calling 911 for assistance, you could be charged for interfering with a 911 call. Other possible charges include assault, and, perhaps most likely, disorderly conduct.



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