Domestic Violence Harassment

Understanding Harassment

Harassment covers a variety of actions that can lead to emotional distress or fear. It’s not just about physical threats or contact; even texts or calls that seem harmless might count. Police reports might not always show the full picture since harassment can be complex. Sadly, those accused of harassment often face challenges, as prosecutors might already have strong opinions about their guilt or innocence and are ready to fight hard against them.

Legal Definition of Harassment

Pennsylvania Code, Section 2709

According to the Pennsylvania Code, Section 2709, harassment includes two main crimes:

• Cyber Harassment of a Child
• General Harassment

What Constitutes Harassment?

The law defines harassment as any intentional act aimed at annoying, harassing, or alarming another person. This includes:

Cyber Harassment of a Child

 This crime focuses on children as victims. It involves using electronic means or social media to deliberately alarm, annoy, or harass a child by:

• Threatening harm
• Making negative remarks or expressing opinions about their health, sexuality, appearance, or actions

Harassment Penalties in Pennsylvania

A harassment charge can range from a minor offense to a third-degree misdemeanor.

• Summary Offense: May lead to up to 90 days in jail and a fine of up to $300
• Third-degree Misdemeanor: Could result in up to one year in jail and a fine of up to $2,000

If someone violates a Protection From Abuse (PFA) order related to harassment or continues to harass the same victim, the penalty may be increased. The severity of the punishment depends on the specifics of the incident, with some actions treated as summary offenses and others as misdemeanors.

Examples of Harassment

Different acts can lead to harassment charges, such as:

• Intentional contact to harm someone
• Repeated attempts to contact someone
• Sending negative or sexual comments to a minor online
• Sharing inappropriate jokes, pictures, or comments
• Threatening a minor on the internet
• Consistently threatening someone
• Following someone in public spaces
• Contacting someone at inconvenient times

The key factor in harassment cases is proving intent. Was there an intention to harm the victim?

Defending Against Harassment Charges

Harassment and stalking charges share similarities, but harassment typically has lighter penalties. However, proving harassment is often easier for prosecutors. The focus is on the intent behind the actions, with prosecutors using messages and calls as evidence. Victims’ statements can also be presented in court.

Defense Strategy

In defending harassment charges, presenting both sides of the story is crucial. This may involve having the defendant testify to explain their side. Prosecutors will challenge this narrative, but a competent Kittanning DUI attorney will ensure their client’s voice is heard effectively.

Facing harassment charges can be daunting, with prosecutors and juries sometimes jumping to conclusions based on accusations alone. However, an experienced Kittanning criminal attorney can make a substantial difference in the outcome of the case.

Logue Law Group

If you or someone you know faces harassment charges, it’s essential to have a Kittanning criminal lawyer knowledgeable about the legal system and willing to advocate fiercely for your case. Sean Logue and his associates at Logue Law Group have the experience, determination, and compassion needed. Contact them at 844.PITT.DUI or reach out online here. Initial consultations are free. Logue Law serves Kittanning, as well as West Virginia and Ohio.