a friend of mine has been charged with harassment. what exactally does this consist of?
2006-07-20 04:59:10 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The charge of harassment can include those things in the statute, but the officer usually has some discretion.
Harassment can be a step up from disorderly conduct, but it is directed towards one individual. It is a step down from menacing.
Disorderly conduct is an issue between the jurisdiction and the individual charged. Harassment always involves two private individuals. The charge of harassment is significant because it leaves the door open for the "victim" to sue your friend for a tort.
Someone who brandishes a knife and says get your kids off of my property could face some serious charges, but through negotiation with the police and the “victim” the charges could be reduced to simple harassment.
Additionally, a store customer could get into an argument with a store clerk, knock over shelves of goods, and argue with the police. This could get a more serious charge of harassment.
It can also be added to several charges as in "assault, disorderly conduct, and harassment". Through a plea bargain, the defendant might plead guilty to harassment so that he wouldn't have to do any jail time.
Confusion arises with the civil claim of harassment, which requires repeated offenses.
Criminal harassment can involve an isolated incident.
Like disorderly conduct, it is one of those charges that does not have a specific statute attached to it as far as what behavior it covers. It is open to interpretation. What is certain is that your friend made someone very upset in a manner in which the police believed was unreasonable. The either witnessed this themselves or several witnesses made a statement.
Harassment is usually a misdemeanor crime, which means that jail time is a remote possibility if he has priors. If he has an otherwise clean record, he will most likely pay a fine between $200 and $500. He should be careful because if he is charged with a misdemeanor, this offense will show up on some criminal background checks. If this happens, it could end up costing him over a $1000 in legal fees to get it removed from his record (a friend of mine did this for a DUI so he could get a good job). His best bet is to talk to the police officer and judge and try to work out a deal. The nature of the crime is between two people, so much is dependent on the other person's attitude. Some reconciliation may help to avoid some long lasting negative effects for everyone.
2006-07-20 05:58:07 · answer #1 · answered by Discipulo legis, quis cogitat? 6 · 0⤊ 0⤋
CRIMINAL HARASSMENT / Prohibited Conduct / Punishment / Factors to be Considered / Reasons
264-1 No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.
264-2 The conduct mentioned in subsection (1) consists of
a- repeatedly following from place to place the other person or anyone known to them;
b- repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;
c- besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or
d- engaging in threatening conduct directed at the other person or any member of their family.
Naturally, this is all subject to what someone considers as threatening. If he was actually charged, there was sufficient evidence for that charge to be made, obviously.
2006-07-20 05:04:55 · answer #2 · answered by sovereign_carrie 5 · 1⤊ 0⤋
The criminal definition of harassment encompasses a probability. If she threatened then you certain that is harassment. and LOL at what you probably did. If it is genuine it is public record and also you'll post it the position you please. she will have the capacity to't do some thing about it. She's mendacity, I doubt an officer may even take a record!
2016-10-15 00:17:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Someone proved beyond a reasonable doubt that he/she was following, intimidating, or somehow (basically) creeping out someone else. It's hard to prove in a courtroom (which goes to a higher standard of guilt), but I'd examine the evidence.
2006-07-20 05:05:32 · answer #4 · answered by Dwight D J 5 · 0⤊ 0⤋