Domestic Violence Harassment

Harassment covers a wide variety of behaviors that result in someone feeling emotional distress or a sense of danger. It goes much further than just physical contact or direct threats; it also includes actions that might seem harmless on the surface, like texts or phone calls. Police reports frequently fail to capture the full complexity of these cases, as the reality often extends beyond what is immediately visible. Sadly, defendants often face a steep uphill climb because prosecutors may have already decided on guilt or innocence and are ready to aggressively oppose any defense.

Definition of Harassment

In Pennsylvania, Section 2709 of the legal code outlines the statutes for harassment. These statutes cover two distinct types of crimes: general harassment and cyber harassment of a child.

Harassment

Under the law, harassment takes place when an individual intentionally engages in actions designed to annoy, alarm, or harass another person. The law categorizes specific acts under this umbrella.

Cyber Harassment of a Child

This specific crime targets children as the victims. It involves using electronic methods or social media platforms to intentionally annoy, alarm, or harass a child by:

• Threatening physical harm.
• Making disparaging remarks or expressing opinions regarding the child’s sexuality, mental or physical health, physical characteristics, or sexual activity.

Penalties for Harassment in Pennsylvania

If you are facing a harassment charge, the severity can range from a summary offense up to a third-degree misdemeanor. A summary offense could lead to a maximum of 90 days in jail and a fine reaching $300. In contrast, a third-degree misdemeanor carries a much heavier potential sentence of up to one year in jail and fines up to $2,000.

If a defendant violates a Protection From Abuse (PFA) order related to the charge, or if they continue to harass the same victim or the victim’s family, the punishment grade increases by one level. The ultimate severity of the penalties depends heavily on the specific details of the incident, with some actions classified as summary offenses while others are treated as misdemeanors. A skilled Morgantown criminal lawyer can help explain these distinctions.

Examples of Harassment

Harassment involves various acts that can lead to criminal charges. Below are several common examples:

• Making intentional physical contact to harm someone.
• Repeated attempts to contact an individual.
• Sending sexual or disparaging comments to a minor via the internet.
• Transmitting lewd pictures, jokes, or comments to another person.
• Threatening a minor through online channels.
• Persistently issuing threats to an individual.
• Following a person in public spaces.
• Contacting a person at inconvenient or inappropriate times.

The central issue in any harassment case is proving intent. Prosecutors must establish whether the defendant intentionally sought to cause fear, distress, or harm to the alleged victim. An experienced Morgantown criminal lawyer can evaluate the facts of the case, challenge the prosecution’s claims of intent, and provide strong legal representation.

Defending Against Harassment Charges

Harassment charges have some similarities to stalking charges, though the penalties are generally lower. That said, it is often easier for prosecutors to prove a harassment case. The legal focus is largely on establishing the intent behind the specific actions. Prosecutors frequently use the defendant’s own phone calls and messages as evidence against them. Furthermore, statements from victims are also commonly used in court proceedings.

When building a defense against these charges, it is vital to ensure that both sides of the narrative are presented. This often means putting the defendant on the stand to share their perspective on what happened. Prosecutors will undoubtedly try to challenge the defendant’s version of events, but a qualified Morgantown DUI attorney can ensure their client’s voice is effectively represented.

Facing harassment charges is an incredibly difficult and draining experience. Far too often, juries and prosecutors rush to judge guilt based solely on the accusation itself. However, having an experienced and dedicated legal representative can make a massive difference in the outcome.

Mountaineer Law Group

If you or a loved one is currently facing harassment charges in Berks County or the surrounding areas, you need a Morgantown criminal lawyer who understands the complexities of the legal system and isn’t afraid to fight for you. Sean Logue and his team at Mountaineer Law Group have the tenacity, experience, and empathy you need during this time.

Call them today at (304) 381-3656 or contact them online here. Initial consultations are completely free. Our Group serves the Morgantown area, as well as West Virginia and Ohio. Don’t face this alone; reach out to a Morgantown DUI attorney today.