Harassment

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Harassment Lawyers Erie PA

Harassment is the type of offense which almost anyone can find lodged against them at some point in their lifetime. The primary reason for that often has a great deal to do with the perception that harassment is a relatively minor or trivial offense.

As a result, some of the work and corroboration a law enforcement officer or assistant district attorney will do when deciding whether charging is appropriate when it comes to a misdemeanor or felony offense won’t happen when it comes to harassment, often a summary charge.

In essence, the charge will often be approved based solely on the statements of the alleged victim. This dynamic then allows the case to be placed in front of a Magisterial District Judge who can then decide who he or she believes is telling the truth and what he or she believes actually happened. That circumstance is not ideal when one considers such a charge, minor as it may be, can impact ones employment situation.

Given that, what is the Commonwealth saying you did if you are charged with Harassment? Well, there are seven subsections but I’m only going to go over two as they are most likely to be the grounds you are charged under.

The Commonwealth is alleging you committed the crime of Harassment when, with intent to harass, annoy or alarm another, you:

Struck, shoved, kicked, or otherwise subjected the other person to physical contact, or attempts or threatened to do the same.
Engaged in a course of conduct or repeatedly committed acts which served no legitimate purpose.

What should you expect when facing a charge of harassment?

Credibility is everything. Why?

Unlike most other offenses, harassment cases are often nearly exclusively predicated on the testimony of eye-witnesses, and in this case, often the victim alone. It is unlikely a police officer will testify. It is unlikely there will be video. More often than not, the alleged victim, you, and any other eye witnesses if there are any will testify in front of a Magisterial District Judge. After the Judge hears the testimony, he or she will decide who they believe and what they believe happened. That is why it is imperative that you hire an attorney who has the ability to point out the testimony that doesn’t add up through detailed and strong cross examination.

You have numerous opportunities with an experienced attorney to achieve a positive outcome. Why?

First and foremost, you will have the opportunity, through your criminal defense attorney to negotiate prior to the hearing. If a police officer filed the charges your attorney will negotiate with him or her. If it was through a private criminal complaint, your attorney can negotiate with the alleged victim. If negotiations fail to achieve the resolution you desire, the next step is through a hearing.

In that hearing your attorney will be tasked with showing the District Judge that either the alleged victim can’t be believed, or in some instances, even if they are believed, the conduct doesn’t rise to the level to allow you to be convicted of the offense. Should you be found guilty after a summary trial, you have the option of appealing the case to the Court of Common Pleas. At that hearing, the same basic situation applies.

Your attorney will try to negotiate prior to the hearing, and if that fails, a hearing can be held. The difference at that hearing is that your attorney will negotiate with a member of the District Attorney’s Office and the hearing, if necessary, will be before a Common Pleas Court Judge.

The bottom line is that, although your attorney can never make any promises, there are a number of opportunities to achieve a positive outcome. And, in many cases a positive outcome can be pretty likely. However, it can be more difficult and challenging to acquire a positive outcome if you are unrepresented.

You can be charged with a misdemeanor harassment as well. Why?

If you happen to be charged under one of the four subsections that have to do with inappropriate or repeated communications, in those instances, your harassment charge will be graded as a Misdemeanor of the Third Degree. That is not terribly common, but, it certainly can happen and can change the dynamics of your case.

The County in which you were charged will make a difference. Why?

As a general rule, the more rural the county the more harshly they will view any charge, including harassment. This dynamic in and of itself can significantly increase the likelihood that they will be unwilling to negotiate and that you will need to win the case through a contested hearing.

Your prior record can be a big factor when making an initial determination of the likely outcome in your case. Why?

Even though a harassment charge is often viewed as a relatively minor offense to most outside of the person who is actually charged, it can get more difficult if you have a record which indicates you’ve done this type of thing before. For example, if a law enforcement officer sees that you have been charged with harassment numerous times, it may lead him or her to believe you haven’t learned your lesson. Although it is unlikely your prior record will matter a whole lot, there are circumstances where it will make them less likely to resolve the case through negotiation.

As one might expect, this is not an exhaustive list of the things you should be aware of as you navigate through the judicial system with a Harassment charge in Erie PA. However, it’s a good start.

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