Domestic Violence Harassment

Harassment covers a wide range of behaviors that can cause emotional distress or instill a sense of fear in an individual. It goes beyond physical contact or direct threats, extending to conduct such as seemingly harmless text messages or phone calls. Often, police reports fail to capture the true complexity of harassment, as many instances occur in subtle forms that are difficult to document. This can leave defendants in a challenging position. Prosecutors frequently approach cases with predetermined opinions of guilt or innocence and are often prepared to argue their stance vigorously.

Harassment Definition

The Pennsylvania Code, Section 2709, establishes the statutes surrounding harassment. It defines two distinct crimes under the law: harassment and cyber harassment of a child.

Harassment

Under Pennsylvania law, harassment occurs when an individual intentionally engages in specific actions designed to annoy, harass, or alarm another person. Common acts classified as harassment include, but are not limited to:

• Making intentional physical contact intended to harm.
• Repeated attempts to contact someone against their will.
• Sending disparaging or sexual comments online.
• Persistently issuing online threats.
• Displaying threatening behavior in public spaces.
• Contacting someone at inconvenient or inappropriate times.

To convict someone of harassment, it must be proven that the defendant acted with the intent to harm or alarm the victim.

Cyber Harassment of a Child

This form of harassment specifically targets children and involves using digital or electronic means, such as social media, to alarm or harass. Offenses under this statute include:

• Threatening harm to a child.
• Making derogatory claims about a child’s physical or mental health, appearance, or sexuality.
• Sharing disparaging comments regarding a child’s personal traits or activities.
• Threatening minors through online platforms.

Harassment Penalties in Pennsylvania

If convicted of harassment in Somerset, the penalties range depending on the severity of the charge:

• Summary Offense: Includes up to 90 days of jail time and fines of up to $300.
• Third-Degree Misdemeanor: Comes with a potential sentence of up to one year in jail and fines reaching $2,000.

However, certain aggravating factors can increase the penalties. For instance:

• Violating a Protection From Abuse (PFA) order related to the harassment.
• Repeated harassment of the same victim or their family.

Such circumstances elevate the charge by one grade, resulting in stricter punishments. The context of the incident ultimately determines whether the offense is treated as a summary offense or misdemeanor.

Examples of Harassment

Harassment includes a variety of actions, such as:

• Following someone in public with intent to intimidate.
• Persistently contacting someone despite repeated refusals.
• Sending inappropriate jokes, images, or comments via text or email.
• Transmitting harassing messages about a child’s sexuality online.
• Threatening someone repeatedly using a digital platform or in person.

The primary focus in harassment cases revolves around proving the intent behind the action.

Defending Against Harassment Charges

Harassment charges in Somerset share similarities with stalking cases, though the penalties are typically less severe. However, harassment cases often prove easier for prosecutors to argue because they rely heavily on intent. Evidence presented by prosecutors often includes the defendant’s electronic communications or statements. A victim’s testimony may also hold significant weight in court.

A strong defense requires that both sides of the story are heard. This often involves the defendant taking the stand to present their version of events. Even though prosecutors may challenge the defendant’s narrative, a skilled Somerset DUI attorney can ensure their client’s perspective is fairly represented.

Facing harassment charges can feel overwhelming, especially when judgments of guilt are often based solely on accusations. However, a competent Somerset criminal lawyer can significantly improve the outcome of such cases.

Contact at Logue Law Group

If you or someone you know is confronting harassment charges in Somerset, it’s essential to have an experienced and determined legal team on your side. Sean Logue and his associates at Logue Law specialize in handling these complex situations. With their extensive experience and empathetic approach, they are prepared to fight for your case with determination and skill.

Call us today at 844.PITT.DUI or contact us online here. Sean Logue, a well-respected Somerset criminal lawyer, provides free initial consultations. We proudly serve clients from Somerset, West Virginia, and Ohio.