One week ago police came to door. I was busy inside and asked why they were there, would not tell me until I open the door. 45 minutes they had search warrant with my name as item to search for so I walked out and I was arrested for felony harassment.
On probable cause, police stated there was as argument between me and victim but on the victim’s statement, he claims he only heard me yell, “I will burn your house down with your wife in it” across three homes, lots, hedges and shrubs.
I don't know the man or his wife who were visiting but he took the threat seriously because he heard I was a bad guy in the neighborhood, I am not, other than normal neighborhood politics. I also have no record. Over night in jail released PR, also charged with obstructing, I guess for not surrendering.
Not sure what your question is, but if you have been charged with a felony, you will need a lawyer to represent you. Get a good criminal defense lawyer right away and ask your questions after discussing the case in private with that lawyer.
This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.
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DUI / DWI Attorney
It's not unusual for law enforcement to take these types of statements made to others seriously, primarily because they don't know you or your specific intentions, if any, related to the threat. If you haven't not done so, retain a competent attorney to represent you as soon as possible.
6 lawyers agree
DUI / DWI Attorney
As I would tell anyone, you should be extremely cautious about what statements you make on a public website such as this one.
If you are asking if you should be concerned about the charge, I think the answer is yes. Generally speaking, if a witness claims you made a threat to harm another, and placed them in fear that you would, then the elements of harassment are made out. If the threat was to kill, then it can be charged as felony harassment.
These cases are complex, so talk to a lawyer right away. Find a lawyer who practices in your court and meet with them soon, so they can get to work on your case.
(1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or
(ii) To cause physical damage to the property of a person other than the actor; or
(iii) To subject the person threatened or any other person to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct" includes, in addition to any other form of communication or conduct, the sending of an electronic communication.
(2)(a) Except as provided in (b) of this subsection, a person who harasses another is guilty of a gross misdemeanor.
(b) A person who harasses another is guilty of a class C felony if any of the following apply: (i) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order; (ii) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person; (iii) the person harasses a criminal justice participant who is performing his or her official duties at the time the threat is made; or (iv) the person harasses a criminal justice participant because of an action taken or decision made by the criminal justice participant during the performance of his or her official duties. For the purposes of (b)(iii) and (iv) of this subsection, the fear from the threat must be a fear that a reasonable criminal justice participant would have under all the circumstances. Threatening words do not constitute harassment if it is apparent to the criminal justice participant that the person does not have the present and future ability to carry out the threat.
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