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Domestic Violence Harassment
Harassment can take on many forms, encompassing behaviors that not only cause emotional distress but may also create a credible sense of danger. It is not limited to physical contact or overt threats; actions such as seemingly harmless text messages or phone calls may also fall under harassment. Often, police reports fail to capture the complex and nuanced nature of harassment cases, which extend far beyond what’s visible on the surface. Unfortunately, defendants frequently face steep challenges, as prosecutors may approach the case with preconceived notions of guilt, preparing strong arguments against them.
Harassment Definition
The Pennsylvania Code, Section 2709, provides clear statutes defining harassment, which includes two types of offenses:
- Cyber Harassment of a Child
- Harassment
Harassment
Under Pennsylvania law, harassment occurs when an individual purposefully engages in actions intended to annoy, harass, or alarm another person. These actions often include, but are not limited to:
- Making physical contact with the intent to cause harm
- Repeatedly contacting someone without their consent
- Following someone in public without cause
- Issuing persistent threats or intimidating comments
- Communicating at times or frequencies designed to inconvenience the recipient
Cyber Harassment of a Child
Targeted specifically at minors, cyber harassment takes place through electronic means or social media. It involves actions designed to intimidate, alarm, or demean a child, such as:
- Issuing threats of harm
- Making abusive, disparaging remarks about the child’s physical and mental health, sexuality, or other personal characteristics
- Commenting inappropriately about the child’s sexual activity
Harassment Penalties in Erie County, Pennsylvania
The legal penalties for harassment in Erie County can range from a summary offense to a third-degree misdemeanor. The severity of punishment often depends on the details of the case.
- Summary Offense: A conviction may result in up to 90 days in jail and a fine of up to $300.
- Misdemeanor of the Third Degree: A defendant may face up to one year in jail and a fine of up to $2,000.
Additionally, if the harassment involves a violation of a PFA (Protection From Abuse) order or repeated offenses against the same victim or their family, the charges are elevated. The resulting punishment may be upgraded to the next higher classification. Prosecutors and the court carefully assess the particulars of each case to determine the appropriate penalties, categorizing them as either summary offenses or misdemeanors.
Common Examples of Harassment
There are numerous acts that may result in harassment charges under Pennsylvania law. Below are some common occurrences:
- Repeated attempts at contact, despite being unwelcome
- Sending inappropriate content, such as sexual messages or explicit images
- Threatening harm or engaging in persistent intimidation, particularly online
- Following someone in public areas or loitering with concealed intent
- Targeting minors with threats or derogatory statements online
The fundamental issue in harassment cases lies in proving intent. The primary question is whether the defendant deliberately acted with the intention to harm, alarm, or harass the victim.
Defending Harassment Charges in Erie
Harassment cases share notable similarities with stalking charges, though the associated penalties for harassment are often less severe. For prosecutors, proving harassment often rests on establishing the defendant’s intent and presenting solid evidence such as messages, phone calls, or additional communications. Testimony from victims may also be introduced in court to strengthen the case.
To combat charges effectively, it’s vital that both sides of the story are thoroughly examined in court. This can include putting forward the defendant’s perspective, ensuring they have the chance to communicate their side of the events. While prosecutors will attempt to challenge the defendant’s narrative, a skilled Erie DUI attorney can advocate and ensure their client’s argument is well-represented.
Facing harassment charges can be overwhelming, especially in cases where prosecutors and juries draw premature conclusions about a defendant’s guilt. Engaging with an experienced Erie criminal lawyer from the Logue Law Group can make a significant difference in navigating these challenges and achieving a fair outcome.
Why Choose a Logue Law Group?
If you or someone close to you has been accused of harassment, it is critical to have a dedicated and knowledgeable Erie DUI attorney by your side. At Logue Law Group, Sean Logue and his team have a wealth of experience handling complex legal situations and advocating strongly for justice.
Key Reasons to Work With Us:
- Expertise in Pennsylvania and Erie County harassment laws
- A client-focused approach, ensuring your voice is heard
- Tenacious legal representation to challenge unfair tactics from prosecutors
Reach out at 844.PITT.DUI or connect with us. Initial consultations are provided at no cost, offering you the opportunity to explore your case and options thoroughly.
Serving Beyond Erie
While our roots are in Erie County, Logue Law Group provides legal support to clients in neighboring regions, including Ohio and West Virginia. Contact us today to work with an experienced Erie criminal lawyer and take the first steps toward resolving your case.