Ned Michie
​​Attorney at law

Charged with using
​ 
Abusive Language?

Free Consultation and Reasonable Rates
Office in Charlottesville, Virginia​
​
​​(434) 296-1198

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Personal Attention to Every Case
​
​Representing Central Virginia Clients 
​for Over 30 Years

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I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

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Abusive Language

   There are several ways abusive language can get you into trouble
despite the First Amendment right to freedom of speech.

   As discussed elsewhere, if you use threatening language against a person directly in your presence, that behavior can potentially rise to the level of an assault, even without any touching.
  
  It is also not uncommon for people to get in trouble with the law in other ways,
​including the following:

Threatening or Obscene Language
Over the Phone or the Airways

Va Code ​§ 18.2-427. Use of profane, threatening, or indecent language over public airways or by other methods.
​
"Any person who uses obscene, vulgar, profane, lewd, lascivious, or indecent language, or makes any suggestion or proposal of an obscene nature, or threatens any illegal or immoral act with the intent to coerce, intimidate, or harass any person, over any telephone or citizens band radio, in this Commonwealth, is guilty of a Class 1 misdemeanor.

'Over any telephone' includes, for purposes of this section, any electronically transmitted communication producing a visual or electronic message that is received or transmitted by cellular telephone or other wireless telecommunications device."

Code 1950, § 18.1-238; 1960, c. 358; 1964, c. 577; 1975, cc. 14, 15; 1976, c. 312; 1984, c. 592; 2010, c. 565; 2011, c. 246.

Abusive Language in the Presence of Another Person

Va Code ​§ 18.2-416. Punishment for using abusive language to another.

"If any person shall, in the presence or hearing of another, curse or abuse such other person, or use any violent abusive language to such person concerning himself or any of his relations, or otherwise use such language, under circumstances reasonably calculated to provoke a breach of the peace, he shall be guilty of a Class 3 misdemeanor."

Code 1950, § 18.1-255; 1960, c. 358; 1975, cc. 14, 15.

Profanely Cursing / Drunk in Public

Va Code ​§ 18.2-388. Profane swearing and intoxication in public; penalty; transportation of public inebriates to detoxification center.

"If any person profanely curses or swears or is intoxicated in public, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, he shall be deemed guilty of a Class 4 misdemeanor. In any area in which there is located a court-approved detoxification center a law-enforcement officer may authorize the transportation, by police or otherwise, of public inebriates to such detoxification center in lieu of arrest; however, no person shall be involuntarily detained in such center."

Code 1950, § 18.1-237; 1960, c. 358; 1964, c. 434; 1975, cc. 14, 15; 1979, c. 654; 1982, c. 666; 1983, c. 187; 1990, c. 965.