Harassment and stalking are tricky charges to prove because they involve unwanted behavior and an intent to cause harm or distress. People sometimes accuse others of harassment or stalking because they dislike their behavior, but that does not mean that these crimes are actually happening. If you stand accused, call a lawyer for help immediately.

Harassment is a somewhat broad offense that may encompass a range of unwanted behaviors. Generally, a person may be charged if they physically hit someone, follow them, communicate lewd or sexual messages, or do something similar for the purpose of causing distress. Stalking is like a subset of harassment that focuses on defendants who follow victims to supposedly cause them distress. These are often non-violent offenses, but they may come with serious penalties.

Contact our Philadelphia criminal defense lawyers to get a free, private legal assessment by calling the Liberty Law Team at (215) 826-3314.

Facing Harassment Charges in Pennsylvania

People sometimes throw around accusations of harassment simply because another person is bothering them. Criminal harassment is much more than mere annoyance. If you are accused, ask a lawyer about how to defend yourself.

Definition of Harassment

Harassment is defined to include a variety of behaviors that, when performed with the intent to annoy, alarm, or harass, constitute a criminal offense.

Harassment may include the following:

  • Striking, shoving, kicking, or other physical contact
  • Following someone around public places
  • Repeating a certain course of conduct that serves no legitimate purpose
  • Communicating threatening, lascivious, lewd, or obscene language, words, or drawings
  • Repeated, anonymous communications
  • Repeated, extremely inconvenient communications
  • Other repeated communications

A common thread through harassment charges is that defendants are often accused of repeated behaviors. It is one thing to call someone on the phone at an inconvenient hour, but it may constitute harassment if someone is accused of calling multiple times a day, seven days a week, for an extended period.

Evidence of Harassment

Prosecutors must have some evidence of the alleged harassment for a defendant to be convicted. The evidence required will vary depending on the nature of the alleged harassing behavior.

For example, if you are accused of sending harassing emails, the prosecutors will likely need to produce those emails in court. They must also show how many emails were sent, the content of those emails, and the alleged victim’s response, if any.

How to Fight Harassment Charges

We may be able to fight harassment charges if your actions served a legitimate purpose. For example, it may seem like harassment to send someone 100 emails, but it might not be harassment if you sent them because you desperately needed to contact the victim about an emergency.

The duration of alleged harassment may also play a role in your defense. Following someone through a public space for about 5 minutes might not be harassment, but following someone for an entire day probably is. If your alleged behavior did not last very long, we may be able to challenge allegations of harassment.

Understanding Stalking Charges in Pennsylvania

Stalking is like a subset of harassment that revolves around following or contacting someone repeatedly, often with the intent to cause distress.

How You Can Be Charged with Stalking

Under Pennsylvania law, a person may be charged with stalking under two possible conditions.

First, a person may be charged with stalking if they engage in conduct or repeated acts toward someone else, including following someone without authorization and under circumstances that show an intent to place the victim in fear of injury or to cause substantial distress.

Second, a person may be charged if they engage in conduct or repeated communications to someone under circumstances that show an intent to place the victim in fear of injury or to cause substantial distress.

Evidence of Stalking

Stalking generally requires some action by the defendant or communications from them to the alleged victim. As such, prosecutors need evidence of the actions or communications.

If you are accused of following the victim, prosecutors need proof that you were where the victim says you were. Security camera footage, testimony from witnesses who claim to have seen you, and even geo-tracking information from your phone, if any, may be used as evidence.

If the stalking charges stem from alleged communications (e.g., phone calls, texts, emails), the prosecutor must present evidence of the communications. They must also prove who sent and received the alleged communications, as well as their content.

Fighting Charges for Stalking

Our Pennsylvania criminal defense attorney can help you fight stalking charges by challenging the evidence. One method is to argue that you were not following the victim. Many people share similar daily commutes and routines, and it might seem like someone is following you when, in fact, they are just minding their own business. If you had a legitimate reason to be in many of the same places as the victim (e.g., you work in the same office building), we may be able to fight stalking charges.

FAQs About Stalking and Harassment Charges in Pennsylvania

What Constitutes Harassment in Pennsylvania?

Harassment may include various offensive behaviors, or even seemingly innocuous ones, that lack a legitimate purpose and are intended to cause harm or distress to someone else. Harassment may include physical actions, like hitting or striking, and non-physical actions, like sending offensive or repeated communications to the alleged victim.

What Behavior is Considered Stalking in Pennsylvania?

Stalking is generally defined as following someone without their consent, often to cause distress. Stalking may also include repeated communications, such as making numerous phone calls to the victim every day.

How Do I Fight Charges for Stalking or Harassment?

You may fight charges for stalking or harassment by challenging the evidence. If your actions had a legitimate purpose and were not done to cause harm or distress to the victim, prosecutors may be unable to secure a conviction.

What if I am Falsely Accused of Stalking or Harassment?

Being falsely accused is not uncommon. Many cases involve jilted ex-partners who want to cause trouble and make false accusations. If you are falsely accused, get a lawyer. Do not assume that the authorities will uncover the truth on their own. If the accusations are truly fabricated, your attorney can help you undermine whatever evidence the victim and the authorities come up with.

Can I Go to Jail for Harassment or Stalking?

Possibly. Many forms of harassment may be charged as a summary offense, which often does not come with jail time or only minimal jail time. However, more serious cases may lead to misdemeanor charges, and jail time is more likely. The same goes for stalking, and a convicted defendant could spend time behind bars.

Ask Our Pennsylvania Criminal Defense Attorneys for Help with Stalking and Harassment Charges

Contact our Bucks County, PA criminal defense lawyers to get a free, private legal assessment by calling the Liberty Law Team at (215) 826-3314.