Defenses To Criminal Harassment

If someone accuses you of harassment or stalking, it can be difficult to defend yourself because it is one person’s word against another. Some people facing criminal harassment charges plead guilty because they think a court would believe the accuser’s version of the story.

The criminal penalties for harassment are serious. Even misdemeanor charges will leave you with a criminal record. Talk to an experienced criminal harassment defense lawyer before you plead guilty to any harassment charges.

What Is Criminal Harassment?

Most of the time, harassment is not a crime. Someone can be harassing or annoying without it rising to the level of a criminal offense. Sexual harassment can be a violation of your civil rights and labor laws, but it is not necessarily a crime.

Criminal harassment generally involves repeated conduct that is intended to harass, annoy, or alarm another person. Most criminal harassment cases fall under state law. Each state has its own legal definition of harassment. Some states separate types of harassment by degree or class.

For example, in New York, first-degree harassment includes intentionally and repeatedly following someone in public or engaging in conduct that places that person in reasonable fear of injury. Second-degree harassment can include conduct that is intended to harass, annoy, or alarm, including:

• Striking someone or threatening to strike them
• Following someone in public places
• Acting in a way that causes alarm and serves no legitimate purpose

Many states have updated their crime of harassment laws to include online harassment. This includes harassment through electronic communication, including phone calls, social media, and the internet.

What Are the Elements of Harassment?

In a criminal case, the prosecutor has to prove all elements of the crime beyond a reasonable doubt. This means that if the jury has any doubt about even one element, they should find the defendant not guilty.

The elements of harassment will depend on state law. For example, in Massachusetts, the elements of criminal harassment require showing that the defendant:

• Willfully and maliciously
• Engaged in a pattern of conduct or series of acts
• Directed at the victim
• That caused serious alarm to the victim
• And that conduct or acts would cause a reasonable person to suffer substantial emotional distress

How Can I Defend Against Criminal Harassment Charges?

Your defense lawyer can challenge some or all of the elements to weaken the prosecutor’s case. For example, some harassment cases require showing there was a pattern of conduct or series of acts. If you only acted once, it may not be enough to qualify as a crime.

Harassment usually has to be something that would cause a reasonable person serious emotional distress. If any threats or actions were not believable, a reasonable person may not feel threatened. For example, if you told someone you were going to conjure a spell to haunt them with ghosts, this is not a realistic threat, and a reasonable person would not suffer distress.

Your attorney can also challenge the evidence presented by the prosecutor. The prosecutor may have alleged evidence of your crime, including copies of text messages or screenshots. However, some of that evidence may be unreliable because it could be faked or sent by someone else. If law enforcement conducted an unlawful search, your lawyer could have any evidence kept out of court.

Your lawyer can also challenge the alleged victim’s version of the story. The alleged victim may have a motive to lie, including a child custody dispute or because you denied their advances.

Stay Away From Your Accuser

Make sure you stay away from your accuser in a criminal harassment case. You may think you can clear things up by explaining yourself. Phone calls or physical contact with the accuser can cause problems for your case. A prosecutor may try to use your attempted contact as further evidence of harassment.

If the alleged victim has a restraining order against you for harassment, trying to contact them can be a violation of the court order. Violating a restraining order can come with additional criminal charges.

How Can a Criminal Defense Lawyer Help?

There are many ways an experienced criminal defense attorney can help in harassment cases. Your attorney can explain the criminal charges, give you options to fight the charges, and defend you in court. This includes gathering evidence and testimony to challenge the prosecutor’s case.

If there is not a lot of reliable evidence against you, the prosecutor may have to drop the criminal charges. If your case does go to court, your lawyer can challenge the alleged victim’s story and show why they were motivated to lie.

Your lawyer can also negotiate to get you a better plea agreement. If you take a plea deal, your attorney may be able to lower the criminal charges, help you avoid jail time, or even get probation instead of a criminal record. A plea bargain will also allow you to avoid a trial and give you the best possible outcome.

Talk to your harassment defense attorney about the best defense options and how to handle your harassment case.