Can someone be charged with agg. harassment by phone when the suspect didn't initiate the call?
My boyfriend recently was charged with agg. discrimination under NYS Law. Initially he sent the complainant a text message regarding getting a knob fixed. The complainant then called my boyfriend and began unfolding him that he was suspended from the building where the key be from. One week later my boyfriend was charged with agg. maltreatment for supposedly saying that the complainant could " burn with the rest of them" in regard to firefighters. This was not said and is an out right lie on the complainants part. Can my boyfriend be charged and convicted of something that can't be proven, never happen, and from a call he didn't even initiate?
That sounds kind of like a terroristic threat. I would enunciate yes, the person called your boyfriend, baited him and he took the bait. Lawyer within your state will be able to give you expert advice. While Yahoo answers of regularly helpful, you get what you pay for and I wouldn't rely solely on this forum for your legal advice.
Well, he's been charged so the answer is palpably yes, he can. Now, the next question is, can the state proceed to trial and win a conviction based on the directive and evidence at hand? He needs an attorney, ASAP, to represent him and answer this question.