Q: Evidence and definitions.
I live in PA and was charged with M3 Harrassment (2709(a)4). I swore at an attorney and his partners a few times in an email, said his kid was ugly as f#$# and called him the p-word. The law firm and I simply hate each other and the attorney is cocky. The issues are with my daughter's special education. They were presented a civil complaint last week. I have a few questions, at what level is communication to be considered lewd, lascivious and obscene in PA to warrant the charge? The evidence the cop said he was using (confirmed by my emails) is after the date of offense. There is no communication up to the date of offense. Basically the offense date is 5/7. One email is on 5/8 and two on 11/5. Can you ask for this evidence to be not considered? How much does the fact he is an attorney would persuade the charge? I have been told if this was anybody else the police would have not charged as a M3 or at all.
A:
There's no "bright line" rule about the "level" of communication for such a charge, unfortunately. Much is left up to the discretion of the judge.
My suggestion is to try to get the M3 charge reduced to a summary harassment or disorderly conduct citation, and then just pay the fine and move on. The fact that the "victim" in your case is an attorney may or may not have anything to do with the prosecution -- but typically if a victim is hell-bent on going forward with the case, the cops and DA will be also. So if you can cajole folks into dropping this to a summary offense, I say go for it and be grateful.
Best of luck to you.
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