In Illinois, you may be guilty of a Class B Misdemeanor, punishable by up to 6 months in prison and a $1,500 fine, if you cause another person’s phone to ring repeatedly with the intent of harassing them. You may also be charged with telephone harassment if you called someone intending to threaten them, whether or not a conversation actually took place. You also cannot make obscene or indecent comments intending to offend another person. You may be charged even if you did not make the calls yourself, but simply allowed someone else to use your phone.

A second offense of telephone harassment can boost your charge to a Class A Misdemeanor, punishable by up to one year and a $2,500 fine. If guilty, the Court must sentence you to a mandatory minimum 14-day jail sentence or 240 hours of community service.

If you have three or more prior violations within the last 10 years, your charge can increase to a Class 4 Felony, punishable by one to three years. Likewise, you can be charged with a Class 4 Felony if 1) you harass the same person or a member of their family more than once, 2) you threaten to kill your victim or someone in their family, 2) you have a prior forcible felony conviction, 3) your victim was a minor, or 4) you were on bail or you violated probation or supervision at the time.

If you are charged with Telephone Harassment, you should immediately contact an attorney. If you are in police custody, tell the police specifically: “I wish to invoke my right to remain silent” and “I wish to have an attorney.” Do not discuss your case with anyone either in person or by electronic means, such as email, texting or on a Facebook-type page. Whatever you do, do not try to contact the victim! Trying to explain yourself may instead help the prosecutor seal their case.

How can you defend your case? First, the state has the burden of proving you guilty beyond a reasonable doubt. Was it you who actually made the calls? Can the state prove you did? If someone else was using your phone, did you knowingly permit them? Did you have the required intent to offend or harass the victim when making the calls? Keep in mind that using obscene language creates a presumption that you meant to offend, but that presumption might still be challenged. Even if the evidence against you is strong, an experienced attorney may help you work out a more beneficial plea agreement than you could on your own.

If you have any questions about the criminal offense of telephone harassment, feel free to contact Matt Keenan at 847-568-0160 or matt@mattkeenanlaw.com

(Besides Skokie, Matt Keenan also serves clients in the communities of Arlington Heights, Buffalo Grove, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Highland Park, Kenilworth, Morton Grove, Mount Prospect, Niles, Northbrook, Palatine, Park Ridge, Rolling Meadows, Schaumburg, Wilmette and Winnetka.)

The post “BUT I JUST WANTED TO TALK TO HER!”: WHEN YOU ARE CHARGED WITH TELEPHONE HARASSMENT appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

If the alleged hate speech occurred while committing a crime, you may even be liable for increased penalties as a hate crime. Maybe you spray-painted a name on the side of someone’s door, or you repeatedly called or texted someone, while using derogatory terms about that person’s race, religion, disability, gender, ethnicity or sexual orientation. Under Illinois law, you can be charged with a felony, receive additional fines and still be sued in civil court.

What can you do?

First and foremost, do not make any statements to the police or the school, before consulting an attorney. Any attempt to explain or justify your actions may be used against you and jeopardize your defense. What sounds like a truthful explanation to you may only dig you in deeper.

You should also not discuss this situation with anyone either in person, on the phone or electronically. Any texting or Facebook discussions of the event could end up as evidence in a suspension hearing or in a court of law.

To fight the suspension, an experienced attorney can help review your school’s policy manual. How is your offense defined in the policy manual? Does the school distinguish between events on and off school grounds? Did the school follow its own procedures in citing you? Are the proposed sanctions against you too severe under the school’s own guidelines?

In a criminal case, the State has to prove that you are guilty of a hate crime beyond a reasonable doubt. Can the State prove that it was you who spray-painted the house or sent the text messages? Was your crime really based on the perceived or actual race, gender, religion, disability, ethnicity or sexual orientation of the victim?

Are your words really even hate speech? One person’s idea of hate speech might be constitutionally protected expression in another context. The very definition of hate speech can be vague and elusive.

Even if the evidence against you seems overwhelming, an attorney may help you work out a reduced punishment or a plea to a lesser charge.

A qualified attorney can best help you evaluate your options and develop a strategy for your case. If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

Also see our related school law blog at http://northshoreschoollaw.com.

(Besides Skokie, Matt Keenan also serves clients in the communities of Arlington Heights, Buffalo Grove, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Highland Park, Kenilworth, Morton Grove, Mount Prospect, Niles, Northbrook, Palatine, Park Ridge, Rolling Meadows, Schaumburg, Wilmette and Winnetka.)

The post ‘IT JUST POPPED OUT!”: WHEN YOU ARE ACCUSED OF HATE SPEECH appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.