People often use the word “harassment” to refer to almost anything they find annoying or upsetting. Criminal charges for harassment are more specific and usually more serious than mere annoyance. If you are charged with harassment, get help from an experienced attorney immediately.
Harassment may be charged if a person is suspected of engaging in certain actions or behaviors to annoy, upset, or harm a supposed victim. Harassment may involve any number of behaviors, and they do not necessarily have to be dangerous or menacing. Simply following someone around every day may constitute harassment. A key element is the defendant’s intent to upset the victim. If your actions have a legitimate purpose and nothing to do with the victim, you may be able to fight the charges.
Call Kenny, Burns & McGill at (215) 423-5500 and ask our Philadelphia criminal defense lawyers for a free legal review to begin your case.
How is Harassment Charged in Pennsylvania
To understand how harassment may be charged as a crime, it is important to know the underlying elements prosecutors must prove in court. Remember, harassment may take many forms, so the following elements may vary in importance depending on your specific situation.
Presence of Physical Violence
Physical violence is not necessary to commit harassment, but it may be present in some cases. Under the specific criminal statute for harassment in Pennsylvania, a person may be charged if they strike, kick, shove, or otherwise make physical contact with the alleged victim, or they attempt or threaten to do so.
Your actions do not necessarily have to be violent. Repeated actions, such as following someone or committing acts that serve no purpose other than to upset the victim, may also be considered harassment.
Repeated Behavior
Harassment often involves behavior that is repeated over time, although this is not always the case.
Physical actions, communications, threats, or even following someone may constitute harassment if they are repeated. Often, the more the suspect performs allegedly harassing behavior, the more it becomes clear that they intend to harass and upset the victim.
For example, making unwanted phone calls to someone every day for an extended period may constitute harassment even though the caller and the victim are not in the same room together.
Intent of the Defendant
A major component of harassment charges is the defendant’s intent. Generally, the defendant must intend to cause harm or distress to the victim, and their actions usually serve no other legitimate purpose.
Behaviors commonly associated with harassment are not harassment if the defendant does not intend to upset the alleged victim. For example, making unwanted phone calls over and over again may be harassment, but not if the calls are from someone trying to reach you about an emergency.
How to Defend Yourself Against Harassment Charges
If you are accused of harassment, stay calm and contact a defense lawyer for help. Harassment is sometimes difficult to prove, as the accusations are based largely on the alleged victim’s word and not any hard evidence.
Your Actions Have a Legitimate Purpose
One possible defense strategy is to argue that your supposedly harassing behavior serves a real and legitimate purpose.
For example, the victim might claim that you follow them from their apartment every day on their way to work and that they feel threatened and intimidated. However, you might follow them because you live in the same apartment building and follow the same route to work every morning. The fact that you are “following” them is just a coincidence.
You Were Unaware the Victim Was Upset by Your Actions
Another possible defense strategy is to argue that you were unaware that your actions were upsetting to the alleged victim. Remember, a defendant must intend to cause the victim harm or distress, or at least know that their actions are distressing. If you are completely unaware that what you are doing is upsetting someone else, you should not be convicted of harassment.
The Victim is Being Unreasonable
The victim may claim that you are harassing them, but they are being entirely unreasonable. This is a common problem when harassment allegedly occurs between disagreeable neighbors or coworkers.
When a “victim” does not like the defendant and bears them ill will for some reason, they might look for any reason to complain about them. They might even make up lies about harassing behavior to get them in trouble.
If the alleged victim in your case is known to be openly hostile towards you or even has a history of making up lies about you, tell your lawyer immediately.
FAQs About Harassment Charges in Pennsylvania
Is Harassment a Serious Criminal Charge in Pennsylvania?
Harassment is not the most severe criminal charge on the books, but it can still lead to unpleasant penalties. Generally, harassment may be charged as a summary offense and often does not lead to jail time, only fines. However, under certain circumstances, harassment may be charged as a third-degree misdemeanor.
Can Someone Go to Jail for Harassment?
Yes. Under certain circumstances, harassment may be charged as a third-degree misdemeanor. In that case, a convicted defendant may be sentenced to jail for up to 1 year.
What Evidence Comes Up in Harassment Cases?
Much evidence in a harassment case revolves around the victim’s statements and testimony. Depending on how the harassment supposedly occurred, prosecutors might try to introduce communications such as emails, text messages, and phone records.
How Do You Fight Harassment Allegations?
You may challenge charges for harassment by arguing that you lacked the intent to harass or upset the victim, that your actions had a legitimate purpose, or that the victim is being unreasonable or deceitful about what happened. The best defense strategy will depend on the details of your case.
Can a Computer Be Used to Harass Someone?
Yes. Pennsylvania has kept pace with technology, and a person may be criminally charged for cyber-harassment. Cyber-harassment usually involves unwanted communications via email, text, social media, or other digital or online channels.
Ask Our Pennsylvania Criminal Defense Attorneys About Harassment Charges
Call Kenny, Burns & McGill at (215) 423-5500 and ask our Montgomery County, PA criminal defense lawyers for a free legal review to begin your case.
