Harassment is a fine line between acceptable social interactions and attempts to belittle, intimidate, or harm another party. What’s more, harassment is very subjective in the eyes of the law. Still, that doesn’t mean you should forgo legal help if you’re facing Phoenix harassment charges.
If convicted, you could face more than jail time and fines. You could face irreparable damage to your reputation that makes it difficult to maintain employment, find housing, and live your life normally. Yet, by entrusting your case to a criminal defense lawyer, you can have someone advocate for your freedom.
Harassing means conducting oneself in a manner that would annoy, humiliate, distress, or alarm a reasonable person.
State law defines harassment as a person who knowingly and repeatedly commits an act (or acts) that harasses another person.
Acts of harassment could include:
This type of harassment is a class 1 misdemeanor. Matters change if someone files a non-consensual lien against a public officer or government entity. In that instance, the harassment is a class 5 felony. Penalties for misdemeanors and felonies differ.
Harassment sometimes accompanies other criminal charges. In those instances, the defendant could face compounded criminal charges. Harassment could accompany charges of:
State law defines domestic violence as occuring when:
Domestic violence laws list harassment as a crime specifically related to domestic violence. Therefore, if someone harasses someone with whom they have a relationship that falls under domestic violence laws, then they could have their harassment charge designated as a domestic violence charge.
Facing a domestic violence charge can get complicated. Domestic violence offenses carry additional punishments and consequences than other offenses. In these instances, it’s vital to consider legal representation. An attorney can fight to get charges dropped, dismissed, or reduced. They could also fight for a “not guilty” verdict at trial.
The state defines stalking as when someone engages in a course of conduct that causes another person to suffer or fear in some way. The key here is that the stalking must be intentional or knowing. For instance, if two ex-partners work in the same office building, walking past each other in the parking lot is awkward—but not necessarily stalking. Yet, if someone intentionally follows another person to gain insight into their whereabouts or habits, that would constitute stalking.
Stalking is also when the alleged victim:
Someone could face both stalking and harassment charges because these two charges relate to one another. For example, continuing to perform stalking behaviors could annoy or alarm someone, causing them to also feel harassed. When someone faces both of these charges, a defense attorney can assist them.
Harassment charges can result in a class 5 felony or a class 1 misdemeanor. Depending on the circumstances of the case, penalties differ depending on the exact charge the accused party received.
For harassment charges, the accused party could face the following penalties:
In some cases, when found guilty, the judge could sentence the defendant to probation. Here, a probation officer monitors your criminal activity and prohibits you from engaging in certain activities, like drinking alcohol. If you violate the terms of your probation, you could face enhanced charges that result in jail time.
Some people look at the penalties for a class 1 misdemeanor and think: “Six months of jail time? That’s not too bad.” This prompts them to proceed to trial without legal help.
Unfortunately, a conviction brings more than jail time. It can pose both personal and financial consequences.
The personal consequences of a conviction can complicate your:
A criminal defense attorney can help you avoid a conviction by preparing a solid defense. That way, you don’t have to deal with long-term personal consequences.
The financial consequences of a conviction can significantly impact your livelihood.
You could struggle with:
Financial consequences cause financial hardship. You want to do everything in your power to safeguard your future, rights, and options.
If you’re facing harassment charges in Phoenix, you should consider getting help from a criminal defense attorney. They know the laws surrounding harassment and can protect you from being convicted. They may use one or more of the following defenses when fighting for justice:
For whatever reason, the other party may make false allegations, hoping to damage your reputation or otherwise inflict harm. An attorney can gain the necessary evidence, such as text messages and other documentation, to question the other party’s motive.
By providing this evidence, they can poke holes in the prosecution’s case. If your lawyer can prove reasonable doubt, then the jury cannot ethically convict you.
For the defendant to get convicted of harassment, the prosecution must prove the alleged victim reasonably felt harassed. For example, if the defendant called them two times within one day, this might not constitute harassment. The defendant would have to call enough for the victim to feel reasonably annoyed, fearful, humiliated, distressed, or alarmed.
If the case goes to a trial, the judge and jury can determine if the victim had reason to feel harassed. Meanwhile, the defense attorney can build a solid case showing that their client did not mean to intimidate, annoy, or otherwise threaten the other party.
For the prosecutor to secure a conviction, they must prove beyond a reasonable doubt the defendant committed the crime. If there is any doubt, the jury cannot find them guilty.
Your defense team can use techniques to show that the prosecution doesn’t have enough evidence to prove its case. This evidence may include text messages, eyewitness testimony, and timestamped photos.
There are times when people might believe someone has harassed them, when in reality, they have not. In addition, there are situations where people can lawfully act in ways that could get confused as harassment.
These situations include:
An attorney can come to your defense if you were accused of harassment yet acted within your rights. For example, just because someone feels annoyed that there is someone picketing outside of their workplace doesn’t mean that person is committing harassment.
If you’re facing harassment charges, you could have many questions as you weigh your options. You deserve all the information necessary to make informed decisions about your future. Here are some questions and answers.
If you’re facing charges of harassment, you should consider legal help. As noted, a defense attorney can fight for the best possible outcome, whether that means a “not guilty” verdict or a reduction in the charges you face.
Other considerations include:
You should always use your best judgment when navigating the legal process. A criminal defense lawyer can examine your situation and explain more.
No. State law notes that harassment can come in many forms, ranging from the written word to physical contact. Some forms of harassment can even fall outside of these parameters, depending on the situation.
If the prosecution can assemble a compelling case that erases all doubt about your guilt, you could face jail time even if you legitimately did nothing wrong. This makes it all the more important to consider legal representation. By hiring a Phoenix criminal defense lawyer, you hire an advocate who prioritizes your future.
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