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Domestic Violence Harassment
Harassment involves a variety of actions that can lead to emotional turmoil or fear. These actions go beyond physical threats and include subtler forms like text messages or phone calls that seem innocuous. Often, police reports may not fully capture the complexity involved in harassment cases, which are frequently more intricate than they appear. Defendants often face significant challenges in these cases, as prosecutors might already have strong opinions about their culpability and are prepared to aggressively argue against them.
Harassment Definition
Section 2709 of the Pennsylvania Code
Under the Pennsylvania Code, Section 2709, the law defines harassment in two separate categories: cyber harassment of a child and harassment.
Harassment
The law states that harassment occurs when a person deliberately takes actions meant to disturb, harass, or cause alarm to another individual. Actions under this category include:
Cyber Harassment of a Child
This type of crime is directed specifically at children. It encompasses using electronic means or social platforms to intentionally harass or frighten a child by:
- Threatening harm
- Making derogatory remarks or opinions about the child’s health, sexuality, appearance, or sexual behavior
Harassment Penalties in Pennsylvania
In Pennsylvania, a harassment charge can range from a summary offense to a third-degree misdemeanor. A summary offense may lead to up to 90 days in jail and a $300 fine. In contrast, a third-degree misdemeanor can result in up to one year of imprisonment and a fine up to $2,000. If a defendant breaches a Protection From Abuse (PFA) order related to the harassment charge, or continues harassing the same victim or their family, the punishment will be elevated by one grade. The severity of penalties depends on incident specifics, with some acts categorized as summary offenses and others as misdemeanors.
Harassment Examples
Harassment can involve various actions that may result in legal charges. Some typical examples are:
- Intentionally causing harm through contact
- Repeated attempts to communicate with someone
- Sending derogatory or sexual messages to a minor online
- Sharing lewd jokes, images, or comments
- Threatening a minor via the internet
- Consistently threatening an individual
- Following someone in public spaces
- Contacting someone at inconvenient times
The key to a harassment case is proving intent. Did the accused intend to harm the victim?
Defending Against Harassment Charges
Harassment charges often resemble stalking charges, though they usually come with lesser penalties. However, it’s generally easier for prosecutors to prove harassment cases, as they focus on demonstrating the intent behind actions. Prosecutors typically use messages and phone calls from the defendant as evidence, along with statements from victims.
In defending against harassment charges, it’s crucial to present both sides of the story. This means putting the defendant on the stand to share their version of events. Prosecutors will aim to dismantle the defendant’s account, but an experienced Kittanning DUI attorney will ensure their client’s perspective is well represented.
Facing harassment charges can be extremely challenging. Too often, prosecutors and juries jump to conclusions about guilt based solely on accusations. Having a knowledgeable and committed Kittanning criminal attorney can significantly impact the outcome.
Contact Logue Law Group
If you or a loved one is dealing with harassment charges, it’s essential to retain a Kittanning DUI lawyer who understands the complexities of the legal system and will fight for your rights. Sean Logue and his team at Logue Law group have the expertise, determination, and compassion necessary for your defense. Contact them at 844.PITT.DUI or reach out online. Initial consultations are offered free of charge. Logue Law group serves clients in Kittanning, West Virginia, and Ohio.