Domestic Violence Harassment

Harassment encompasses a range of behaviors that can cause emotional distress or a sense of danger. It extends beyond physical contact or direct threats and also includes seemingly harmless text messages or phone calls. Police reports might not always capture the complexity of harassment cases, as they often go beyond what meets the eye. Unfortunately, defendants frequently face an uphill battle, as prosecutors may already have formed their opinions regarding guilt or innocence and are prepared to vigorously oppose them.

Harassment Definition

The Pennsylvania Code, Section 2709, outlines harassment statutes, which encompass two distinct crimes: cyber harassment of a child and harassment.

Harassment

According to the law, harassment occurs when a person intentionally engages in actions aimed at annoying, harassing, or alarming another individual. The following acts are categorized as harassment:

Cyber Harassment of a Child

This crime specifically targets children as victims. It involves the use of electronic means or social media to intentionally alarm, annoy, or harass a child by:

  • Threatening harm
  • Making disparaging statements or expressing opinions about the child’s physical or mental health condition, sexuality, physical characteristics, or sexual activity

Harassment Penalties in Pennsylvania

A harassment charge can range from a summary offense to a third-degree misdemeanor. A summary offense can result in up to 90 days in jail and a fine of up to $300, while a third-degree misdemeanor carries a potential sentence of up to one year in jail and a fine of up to $2,000. If a defendant violates a PFA (Protection From Abuse) order in connection with the harassment charge or continues to harass the same victim or their family, the assigned punishment will be one grade higher. The severity of the penalties will depend on the specific circumstances of the incident, with some acts considered summary offenses and others classified as misdemeanors.

Harassment Examples

Harassment encompasses different acts that can result in charges. Below are some common examples:

  • Making intentional contact to harm a person.
  • Repeatedly attempting to contact someone.
  • Sending disparaging or sexual comments to a minor via the internet.
  • Transmitting lewd jokes, pictures, or comments to someone.
  • Threatening a minor online.
  • Persistently issuing threats to an individual.
  • Following someone in public.
  • Making contact with a person at inconvenient times.

The crux of a harassment case lies in proving intent. Did the defendant have the intention to harm the victim?

Defending Against Harassment Charges

Harassment charges share similarities with stalking charges, albeit with lower penalties. However, proving a harassment case is comparatively easier for prosecutors. The focus largely rests on establishing the intent behind the actions. Prosecutors often employ the defendant’s messages and phone calls as evidence against them. Additionally, victims’ statements may also be used in court.

In defense against harassment charges, it is crucial to ensure that both sides of the story are heard. This entails putting the defendant on the stand to provide their perspective on the events. Prosecutors will aim to challenge the defendant’s version, but a skilled Pittsburgh DUI attorney ensures their client’s voice is properly represented.

Facing harassment charges can be an arduous experience. All too often, prosecutors and juries prematurely judge guilt based solely on the nature of the accusation. However, having an experienced and dedicated Pittsburgh DUI attorney can make a significant difference.

Logue Law

If you or a loved one is facing harassment charges, you need a Pittsburgh criminal lawyer who comprehends the intricacies of the legal system and is unafraid to fight for your case. Sean Logue and his associates at Logue Law possess the experience, tenacity, and empathy required. Give them a call at 844.PITT.DUI, or contact them online here. Initial consultations are free. Logue Law serves Pittsburgh, in addition to West Virginia and Ohio.

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