Harassment Charges

Harassment is a comparatively minor offense, but it can result in significant consequences if you are convicted. If you have been charged with harassment, it is important to understand your options and the potential outcome. An experienced criminal defense attorney can explain your situation and help you get a fair result.

Harassment Defined

Under Texas law, harassment can be charged if law enforcement believes that you engaged in any of the following conduct with the intent to harass, annoy, alarm, abuse, torment, or embarrass another person:

• Initiated communication and, in the course of the communication, made a comment, request, suggestion, or proposal that is obscene
• Threatening to inflict bodily injury or commit a felony against another person, a member of that person’s family or household, or against their property
• Falsely informing another person that some other person has died or suffered a serious bodily injury knowing this was false
• Repeatedly calling another person, making anonymous phone calls, or knowingly allowing someone else to use your phone to harass someone else
• Made a telephone call and intentionally failed to hang up or disengage the connection
• Sending harassing emails or texts
• Publishing content on the internet or social media to torment or harass another person
• Tracking or monitoring the personal property or motor vehicle of another person, with the other person’s effective consent
• Knowingly permitting a telephone under the Defendant’s control to be used by another to engage in any of the above-listed behavior.

It is important to note that to be convicted of harassment, the prosecution must prove that you intended to engage in harassment. While they may use circumstantial evidence to prove your intent, the conduct alone is not sufficient for a conviction. An experienced criminal defense attorney will be able to assess whether they have sufficient evidence for a conviction.

Harassment Is a Misdemeanor Offense

Harassment is a Class B misdemeanor, which means that you could face up to 180 days in jail and a fine of up to $2,000 if you are convicted.

However, harassment can be elevated to a Class A misdemeanor in the following situations:

• You have previously been convicted of harassment
• The harassment was caused by sending repeated electronic communications, and the recipient was under 18 with the intent to get the child to commit suicide or cause serious bodily injury to themselves.

If convicted of Class A misdemeanor harassment, you could face up to one year in jail and a fine of up to $4,000.00. Whether it is a Class A or Class B charge, no one can afford to go to jail or pay thousands of dollars in fines. To protect yourself, you need an experienced criminal defense lawyer on your side.

Felony Stalking

While harassment is a misdemeanor, you may be charged with stalking if, on more than one occasion and pursuant to the same scheme or course of conduct, you engaged in behavior that falls under harassment. Stalking is a third-degree felony, which carries between 2 to 10 years in prison and up to a $10,000 fine.

Harassment of a Public Servant / Harassment by Persons in Certain Facilities

A similar but separate offense from regular harassment is harassment of a public servant or harassment by persons in certain facilities. This is a separate charge from harassment in which a person, with the intent to assault, harass, or alarm, the person makes the victim come into contact with the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the person, another person, or an animal. The victim must either be a peace officer discharging their official duties or the victim is an employee of a secure correctional facility or the Texas Civil Commitment Office. This offense constitutes a third-degree felony.

Defending Yourself Against Harassment Charges

Harassment charges often depend heavily upon the testimony of the alleged victim. Your lawyer can help you gather the evidence you need to disprove any allegations they have made against you. For example:

• Your lawyer may be able to demonstrate that you had a valid purpose for contacting the other person and that your efforts were not for the purpose of harassing, annoying, tormenting, or abusing them.
• Your lawyer may be able to use phone records or other documents to demonstrate that you did not contact the other person as frequently as they claimed.
• Your lawyer may be able to demonstrate that the communications are taken out of context.

Get the Help You Need by Contacting Barton & Associates Attorneys At Law, PLLC

At Barton & Associates Attorneys At Law, PLLC, there is no such thing as “just a misdemeanor.” We understand that your future and your reputation are at stake, and we work tirelessly to obtain fair results. Call or email us today to schedule a confidential consultation about your case.