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Domestic Violence Harassment
Harassment, a term encompassing a broad range of behaviors, can inflict emotional distress and a sense of danger. It goes beyond physical contact or direct threats, extending to seemingly harmless text messages or phone calls. However, the complexity of harassment cases often eludes police reports, as they fail to capture the full extent of the issue. Unfortunately, defendants face a challenging battle, encountering prosecutors who may have already formed their opinions on guilt or innocence, prepared to vigorously oppose them.
Harassment Definition
Under Section 2709 of the Pennsylvania Code, harassment statutes encompass two distinct crimes: cyber harassment of a child and harassment.
Harassment
According to the law, an individual commits harassment when they intentionally engage in actions aimed at annoying, harassing, or alarming another person. The following acts are categorized as harassment:
Cyber Harassment of a Child
This crime specifically targets children as victims, employing electronic means or social media to intentionally alarm, annoy, or harass a child through various means, including:
- Direct threats of 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
Harassment charges range from summary offenses to third-degree misdemeanors. A summary offense can lead to a maximum of 90 days in jail and a fine of up to $300. Conversely, a third-degree misdemeanor carries a potential sentence of up to one year in jail and a fine of up to $2,000. It is worth noting that if a defendant violates a PFA (Protection From Abuse) order in connection with a 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 hinges on the specific circumstances of the incident, with some acts regarded as summary offenses and others classified as misdemeanors.
Harassment Examples
Harassment can encompass various acts that may lead to charges. Below, you’ll find common examples:
- Making intentional contact with the intention to harm a person.
- Repeatedly attempting to contact someone against their wishes.
- Sending disparaging or sexual comments to a minor online.
- Transmitting lewd jokes, pictures, or comments to someone.
- Threatening a minor through online means.
- Persistently issuing threats to an individual.
- Following someone in public without consent.
- Making contact with a person at inconvenient times.
The crux of a harassment case lies in proving intent. It involves answering the question: Did the defendant have the intention to harm the victim?
Defending Against Harassment Charges
Harassment charges share similarities with stalking charges, although the penalties tend to be lower. However, proving a harassment case is relatively easier for prosecutors. The focus heavily rests on establishing the intent behind the actions. Prosecutors often utilize the defendant’s messages and phone calls as evidence against them. Additionally, victims’ statements may also be presented in court.
To mount a robust 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 undoubtedly challenge the defendant’s version, but with a skilled Butler PA DUI attorney by your side, your voice will be properly represented.
Facing harassment charges can be an arduous experience. Prosecutors and juries often prematurely pass judgment based solely on the nature of the accusation. However, having an experienced and dedicated Butler PA DUI attorney can make a significant difference.
Logue Law
If you or a loved one is facing harassment charges, you need a Butler PA criminal lawyer who comprehends the intricacies of the legal system and fearlessly fights for your case. At Logue Law, Sean Logue and his associates possess the experience, tenacity, and empathy required to navigate these complex matters. Contact them online here or call them at 844.PITT.DUI for a free initial consultation. Logue Law proudly serves Butler, PA, as well as West Virginia and Ohio, ensuring that your defense is in capable hands.