Legal Question in Criminal Law in California
Extreme Verbal Abuse
A lady verbally abused me during a Board Meeting. She began to yell and when I asked her to calm down, she said to me in a very loud voice in front of 12 persons. She said ''Go F...k yourself, and F... you you son-of-a-bitch. Is this enough to charge her criminally?
2 Answers from Attorneys
Re: Extreme Verbal Abuse
I agree with Mr. Torrey. In addition to what he said, I note that the First Amendment limits the ability of any government -- federal, state or local -- to criminalize speech. It is possible to commit a variety of different crimes (treason is an example that leaps to mind; extortion is another) merely by speaking, but what matters in such cases is what the speech accomplishes rather than what the speaker says. A law which made it illegal to swear at someone would surely be unconstitutional.
Re: Extreme Verbal Abuse
from the facts given, the answer would be "no". criminal charges have to go ALOT further than verbal abuse. the verbal abuse would have to be accompanied with an affirmative conduct that would lead a reasonable person to believe that physical harm was eminent as well. so, under the circumstances you cannot file criminal charges, but you may possibly have civil remedies, depending on the overall picture. if you would like to contact us today with more facts and/or a free consultation, we are here for you.
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