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With no previous criminal record what is the possible

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penalty for a charge of...
With no previous criminal record what is the possible penalty for a charge of misuse of communication devices that include harrasment and 1 possible threat. I live in Westland Michigan
Submitted: 8 years ago.Category: Criminal Law
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Answered in 23 minutes by:
6/10/2010
Criminal Lawyer: AttorneyTom, Lawyer replied 8 years ago
AttorneyTom
AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9,176
Experience: Attorney
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Please Note: I receive no salary or hourly wage. I do not get paid anything at all unless you click Accept. Clicking Accept simply applies your current deposit to this question and will not result in additional charges to your credit card. If you are a monthly subscriber to JustAnswer, clicking accept does not cost you anything additional. Please respect the Honor System and click Accept when you are pleased with the quality of the response so that I am compensated for responding to your question.

Thank you for your question and thank you for your patience. With a question like this one, it takes a few minutes to develop a detailed response and provide additional resources in the response.

What follows may or may not be what you want to read. However, please do not shoot the messenger. While I can control the quality of an answer, my control over the content of an answer is restrained by the truth.


Unfortunately, threatening an individual is a crime and can potentially be charged in numerous ways, depending on the threat and the manner of the delivery.

If a threat is deemed to take place in interstate commerce, a person may be charged under 18 U.S.C. § 875. The maximum penalties under 18 U.S.C. § 875 are as follows:
18 U.S.C. § 875(b)
Threat with intent to extort: 20 years imprisonment and a fine
18 U.S.C. § 875(c)
Simple threat: 5 years imprisonment and a fine.
18 U.S.C. § 875(d)
Threat to property or reputation: 2 years and a fine
18 U.S.C. § 875 Statute
http://www.law.cornell.edu/uscode/18/875.html

Michigan Compiled Laws 750.540e prohibits malicious use of a telecommunications service to threaten someone. A violation of this statute is punishable by a maximum of up to 6 months imprisonment and up to a $1,000 fine.
Michigan Compiled Laws 750.540e
http://law.onecle.com/michigan/750-michigan-penal-code/mcl-750-540e.html

However, it's worth noting that the punishment for threats can vary based on the nature of the threats. As with the federal law, threatening someone to obtain money, threatening an employee of a family independence agency, threatening witnesses, threatening someone while wearing body armor, threats with explosives, threats in the course of gang activity, etc. can result in different penalties. You can view numerous statutes regarding the different types of threats at the following link.
http://law.onecle.com/michigan/750-michigan-penal-code/index.html

Repeated, continuous harassment can constitute aggravated stalking as defined by Michigan Compiled Laws 750.411h. Aggravated stalking is punishable by up to 5 years in prison and up to a $15,000 fine (unless the victim is under age 18, in which case the penalties are 10 years and $15,000). Further, there may be a 5 year minimum probationary period. If not determined to be aggravated stalking, it may constitute a misdemeanor punishable by up to a year in jail and up to a $1,000 fine.
http://www.legislature.mi.gov/(S(tmnfaq55tkwuju45z3butij4))/mileg.aspx?page=getobject&objectname=mcl-750-411h

Further, harassment or a threat can constitute a basis for a victim to seek a protective order, prohibiting the party from contacting him/her. A protective order can interfere with an individual's right to own a firearm.

Of course, it's important to understand that there are often numerous ways in which a prosecutor can charge an individual with a crime. Accordingly, if law enforcement or anyone contacts you regarding such matters, it's essential to remember that anything you say may be admissible against you in court as evidence against you. For that reason, you may wish to retain an attorney to handle any discussions or negotiations on your behalf, as your attorney can help you protect your interests.

I know this isn't what you wanted to read. However, it is the unfortunate truth.

Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T-USA

_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
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Ask Your Own Criminal Law Question
Criminal Lawyer: AttorneyTom, Lawyer replied 8 years ago

Please Note: I receive no salary or hourly wage. I do not get paid anything at all unless you click Accept.

I was thinking some more about your question. As a matter of clarification, I just wanted to emphasize that there is no guarantee that you will be charged with anything. For instance, if the individual fails to report it, if the prosecutor doesn't feel the matter is especially serious, or if there's insufficient evidence, criminal charges may not result. Further, even if they do result, you may not be charged under every statute. For instance, it's possible that the prosecutor could still pursue criminal charges but that he would only charge you with stalking (not aggravated). What to charge is a matter of discretion for the prosecutor.

Please remember that you asked a question and presumably wanted a truthful response. Therefore, if you find the response to be of high quality, even if it's not what you wanted to read, it is only appropriate to click accept so that I am compensated for the considerable amount of time I invested in researching this matter. Please respect the honor system and click accept if you found this information to be of high quality and informative.

Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T-USA

_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

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