Misuse of Telephone and Electronic Communication Charges in Maryland

In Maryland, criminal charges aren't limited to physical acts-using your phone or electronic devices improperly can also lead to criminal consequences. Charges for misuse of telephone and electronic communication are increasingly common in Maryland courts and carry serious legal repercussions. At FrizWoods Criminal Defense, we believe that understanding the law is crucial to mounting a strong defense.

What Constitutes Misuse of Telephone and Electronic Communication?

According to Maryland Criminal Law Section 3-804, misuse of telephone or electronic communication occurs when a person:

• Makes repeated calls or sends repeated messages intending to harass, annoy, alarm, abuse, torment, embarrass, or offend another person.
• Makes a telephone call or sends an electronic communication that is obscene, lewd, lascivious, filthy, or indecent.
• Makes anonymous calls or communications with the intent to annoy or harass another person.

These charges often arise in the context of heated disagreements, breakups, or other personal disputes where communication becomes contentious.

Penalties for Misuse of Telephone and Electronic Communications in Maryland

Maryland treats misuse of telephone and electronic communications seriously. Under the law, this offense is classified as a misdemeanor and can result in:

• Up to 3 years in jail
• Fines of up to $500

Moreover, convictions for misuse of electronic communications will appear on your criminal record, potentially damaging employment opportunities, reputation, and relationships. Such charges can also be combined with more serious allegations such as domestic violence, harassment, or stalking, which carry even heavier penalties.

Elements the State Must Prove in Misuse Cases

To secure a conviction, the State's Attorney must prove specific elements beyond a reasonable doubt:

1. Intent: The accused had a specific intent to harass, annoy, alarm, abuse, or embarrass the recipient.
2. Repetition or Nature of Communications: Either repeated communications or singular obscene/anonymous communication must have occurred.
3. Electronic or Telephone Use: The misuse must involve a telephone, text messaging, email, or other electronic means.

Successfully defending against these charges requires a nuanced understanding of these elements and the evidence needed to support them.

Common Scenarios Leading to Charges

Misuse of telephone or electronic communication charges commonly arise from scenarios like:

• Persistent text messaging or phone calls following a relationship breakup.
• Heated disputes or arguments that escalate via text, calls, or social media.
• Sending inappropriate or threatening messages impulsively during emotionally charged situations.

Possible Defenses to Misuse of Telephone Charges in Maryland

When facing accusations, several defenses can be pursued to challenge the prosecution's allegations, including:

• Lack of Criminal Intent: Demonstrating that the communications had a legitimate purpose or were not intended to harass or annoy.
• Protected Speech: Arguing that communications fall within constitutionally protected speech, especially when alleged messages are vague or subjective.
• Insufficient Evidence: Highlighting that prosecutors cannot prove repetition, intent, or the offensive nature of the communications beyond a reasonable doubt.

Why Immediate Legal Representation is Essential

If you are accused of misuse of electronic communication, immediate legal representation is crucial. Maryland prosecutors aggressively pursue these cases, often pressing for harsh penalties.

At FrizWoods, our experienced criminal defense attorneys carefully analyze each case, challenging weak evidence, negotiating aggressively for dismissals or charge reductions, and protecting your rights throughout the entire process.

Meet Your Maryland Criminal Defense Lawyer - Max Frizalone

When facing criminal charges in Maryland, you need a dedicated and experienced advocate by your side.

Max Frizalone

Max Frizalone is a seasoned Maryland criminal defense lawyer with extensive experience as a former prosecutor and public defender. He has successfully defended countless clients against charges ranging from misdemeanors like misuse of telephone communications to serious felonies. Fluent in both English and Spanish, Max ensures that all his clients clearly understand their legal options and actively participates in building their defense strategies.

• Former Assistant State's Attorney and Maryland Public Defender.
• Experienced trial attorney specializing in aggressive courtroom representation.
• Bilingual advocate serving Maryland's English and Spanish-speaking communities.

Charged with Misuse of Telephone or Electronic Communication? Act Now.

If you've been accused of misusing a telephone or electronic communication device in Maryland, time is critical. Protect your rights and future by contacting FrizWoods Criminal Defense today. Schedule your confidential, free initial consultation now, and take the first step towards clearing your name.