Domestic Violence Harassment

Harassment covers a wide variety of actions that can trigger severe emotional distress or create a feeling of danger. It goes well beyond physical touching or immediate, direct threats to include actions like seemingly innocent phone calls or text messages. Often, police reports fail to fully capture the intricate details of a harassment situation, as these incidents usually involve far more than what initially meets the eye. Sadly, individuals accused of these acts often face a difficult battle, since prosecutors might have already made up their minds about the person’s guilt or innocence and are ready to fight aggressively against them.

The Legal Definition of Harassment

The Pennsylvania Code, Section 2709, clearly defines the statutes surrounding harassment, breaking them down into two distinct criminal offenses: general harassment and the cyber harassment of a child. If you are dealing with these complex laws, consulting a New Castle criminal lawyer is a wise step to understand your rights and legal options.

General Harassment

Under Pennsylvania law, a person commits harassment when they purposely engage in behaviors designed to alarm, annoy, or harass another individual.

Cyber Harassment of a Child

This specific criminal offense focuses on situations where the victim is a minor. It involves utilizing social media platforms or other electronic methods to purposely annoy, alarm, or harass a child by:

• Making threats of harm.
• Stating disparaging opinions or making comments regarding the child’s physical characteristics, sexuality, sexual activity, or physical and mental health condition.

Penalties for Harassment in Pennsylvania

In Pennsylvania, harassment charges can vary from a summary offense all the way up to a third-degree misdemeanor. A summary offense could lead to a maximum of 90 days in jail, along with a fine of $300. Meanwhile, a third-degree misdemeanor brings a potential penalty of up to one year of jail time and fines as high as $2,000. Additionally, if the accused violates a Protection From Abuse (PFA) order linked to the harassment allegation, or if they continue to harass the victim or the victim’s family, the resulting punishment will escalate by one grade. A reliable New Castle DUI attorney or criminal defense professional can explain how the unique circumstances of your incident determine whether the acts are treated as summary offenses or more serious misdemeanors.

Common Examples of Harassment

Harassment includes many different actions that can lead to criminal charges. Here are several frequent examples:

• Intentionally making physical contact to hurt someone.
• Trying to communicate with someone repeatedly.
• Sending sexual or disparaging remarks to a child online.
• Transmitting comments, pictures, or lewd jokes to another person.
• Issuing threats to a minor over the internet.
• Continuously making threats against an individual.
• Trailing or following someone in a public space.
• Reaching out to a person at highly inconvenient hours.

The central element of any harassment dispute is demonstrating intent. The key question is: Did the accused truly mean to harm or bother the victim?

Defending Against Harassment Allegations

While harassment charges are somewhat similar to stalking allegations, they typically carry lighter penalties. That said, it is generally easier for prosecutors to prove a harassment case. The main focus is on demonstrating the intent driving the behavior. Prosecutors frequently use the accused’s phone calls and text messages as primary evidence. Furthermore, statements from the alleged victims are often presented in court.

When fighting harassment accusations, it is vital to make sure the full story is told. This often means having the accused testify to share their side of the events. Naturally, prosecutors will attempt to discredit this testimony, but a seasoned New Castle criminal lawyer will make certain that their client’s perspective is clearly and fairly presented.

Dealing with these types of allegations can be incredibly stressful. Too frequently, juries and prosecutors jump to conclusions based purely on the nature of the claims. However, securing the guidance of a dedicated New Castle DUI attorney can dramatically alter the outcome of your case and ensure your rights are protected.

Logue Law Group

If you or someone you care about is confronting harassment charges, you need a legal professional who fully understands the complexities of the justice system and is ready to aggressively defend your rights. Sean Logue and the dedicated team at Logue Law Group have the necessary tenacity, experience, and compassion to assist you. Call them today at 412.387.6901, or reach out online to schedule a free initial consultation. A New Castle criminal lawyer proudly serves New Castle and Lawrence County, as well as clients in Ohio and West Virginia.