The Issue of Proving Intent In Harassment Cases in Pennsylvania
Facing criminal harassment in Pennsylvania is a serious matter. The mere allegation of harassment can quickly damage your personal and professional reputation. If you’re convicted, circumstances can go from bad to worse, as you could face significant financial penalties or even jail time. If you’re charged with harassment, you need to fully understand the indicators of harassment that a prosecutor must show to get a conviction against you.
One of the key elements the prosecution must prove is intent. In other words, it’s not enough to show that you engaged in harassment; they must show that you intended to harass and annoy another person with your actions. Intent is the most challenging element for the prosecution to prove, but it doesn’t mean that you can sit back and relax. You should begin preparing your defense as soon as possible.
If you have been accused of harassment and face criminal charges, you need to speak to legal counsel without delay. Call the LLF Law Firm’s Criminal Defense Team at 888-535-3686 or fill out our online contact form. We handle harassment cases across Pennsylvania and know how to stand up for our clients’ rights and develop a strong defense.
What Is harassment?
Pennsylvania law defines criminal harassment as occurring when a person engages in behavior such as making physical contact with someone in a threatening manner, following someone in a public place, or making repeated unwanted communications that serve no purpose and cause emotional distress.
To be convicted of harassment, however, these acts must be done with the “intent to harass, annoy, or alarm” the other person. To prove this, the prosecution must show what was going through your mind at the time of the alleged harassment. Usually, there’s no direct evidence, so they must rely on circumstantial evidence, such as patterns of behavior or the content of messages.
However, intention is often subjective. For example, someone might send multiple messages in the hope of reconciling with a person after a breakup, but it’s not considered harassment if there’s no evidence that the sender intended to harass the other person. These cases are usually decided on details such as the credibility of the witnesses.
Defending Against Harassment Charges in Pennsylvania
The prosecution has the burden to prove that your actions were intended to harass, but a skilled criminal defense lawyer can weaken their arguments by putting your actions into context. For example, you might show that communications between you and the person accusing you were mutual, that you stopped the unwanted behavior when asked, or that you weren’t stalking, but had a legitimate reason to be in the same space as the accuser. These nuances undermine the idea that you were acting with malicious intent and can be the difference between a stalking conviction and a dismissal.
The Skilled LLF Criminal Defense Team Can Help
If you’re facing harassment charges in Pennsylvania, don’t assume you can explain it away or that it’s a minor issue. If you or someone you love has been accused of harassment, call the LLF Law Firm’s Criminal Defense Team at 888-535-3686 today to discuss your case or fill out our online contact form. Let us help you understand your options and build the strongest possible defense.