Washington law says you are guilty of a felony offense if you commit the crime of telephone harassment and do so when you have a prior harassment conviction or harass “the victim” with a threat of death. Persons convicted of this crime can face up to five years in state prison. Please contact a skilled criminal defense attorney now if you or a loved one is facing any type of harassment charge.
What is Felony Telephon Harassment Under Washington Law?
RCW 9.61.230 states that telephone harassment is often charged as a gross misdemeanor. However, RCW 9.61.230(2) says that the crime can be charged as a felony if you harass someone on the telephone and either:
- Have a prior conviction of harassing the same “victim” or a member of “the victim’s” family, or
- Harass someone by threatening to kill that person.
Note that you are generally guilty of telephone harassment if you do any of the following when making a telephone call with the intent to harass, intimidate, torment or embarrass:
- Call anonymously or repeatedly,
- Speak in an obscene or indecent way,
- Use offensive sexual language or suggest the commission of any lewd or lascivious act,
- Threaten to harm an individual, his/her property, or his/her family member, or
- Call at an extremely inconvenient hour.
What are the Penalties?
When charged as a felony, telephone harassment is punishable by:
- Custody in state prison for up to five years, and/or
- A maximum fine of $5,000.
If your telephone harassment offense does not rise to the level of a felony, then the crime is charged as a gross misdemeanor and is punishable by:
- Custody in jail for up to one year, and/or
- A maximum fine of $5,000.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge a felony telephone harassment charge with a legal defense. A common defense is for you to show that you did not commit telephone harassment via a threat of death or with a prior conviction. You can also contest a charge by showing that you did not commit any underlying crime of telephone harassment.
Your criminal defense attorney might also be able to challenge a telephone harassment allegation by showing that the police somehow violated your rights. For example, maybe the authorities:
- Arrested you without probable cause,
- Coerced a confession, or
- Conducted an unlawful search and seizure.
If any of these occur, then your criminal defense lawyer may move to have your charges reduced or dropped altogether.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a felony telephone harassment charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on a wide variety of harassment charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!
