The Act Of Criminal Harassment
By law, the following conduct constitutes criminal harassment (sometimes known as “stalking” ):
- Intentionally sticking close to a complainant or someone they know
- Keeping in touch with the complaint or someone who knows them
- Keeping a close eye on, or “besetting,” a specific location where the complainant is expected to be
- Using intimidating or threatening behaviour toward the complaint or a known associate
The accused must know or be reckless as to whether the complainant is being harassed by one or more of the preceding categories of behaviour to be found guilty of criminal harassment. In addition, the complainant must have had a reasonable basis for fearing for their own or a third party’s safety due to the behaviour.
Allegations of stalking-like behaviour are often made in cases of criminal harassment. Online behaviour is often at the center of criminal harassment claims in the digital age.
Some things that are against the law are listed in the Criminal Code. These include repeatedly following or talking to another person, staking out or watching a place where the person happens to be, or doing something threatening to the person or family member. The other person must also have a good reason to fear for their safety or the safety of someone they know.
For the police to charge someone with criminal harassment, they need information or statements from witnesses that show the alleged victim had a good reason to fear for their safety because of the illegal behaviour.
Suppose a complainant says that the illegal behaviour happened and that the alleged victim has a good reason to fear for their safety or the safety of someone they know. In that case, the officer will have a good reason to believe it happened. To bring charges against someone, the officer only needs to have reasonable grounds.
To prove someone guilty, you have to prove beyond a reasonable doubt that they did what they are accused of doing and that they meant to do it.
Criminal harassment carries a possible sentence range that is largely determined by the nature and severity of the infringing conduct and the offender’s prior record. A criminal harassment charge that leads to an indictment carries a maximum sentence of 10 years in prison.
Unless the harassment is particularly severe, most people who are found guilty of criminal harassment but have no criminal record will not be sentenced to jail time. Sentencing guidelines place substantial weight on aggravating and mitigating circumstances, respectively.
Because a criminal record for criminal harassment can affect a person’s ability to get a job and travel, they must get a strong defence in these cases.
The prosecution has to prove that the person who filed the complaint was harassed or felt harassed because of the illegal act. When someone is “harassed,” they think tormented, troubled, constantly worried, plagued, bedevilled, and bugged.
Harassment can be caused by just repeating something. Even one thing can be enough to count as harassment. The prosecution will also have to show that the complainant had a good reason to fear for their safety and that the accused knew or didn’t care if their actions were harassing.
Before charging someone with a crime, the police may give an official warning. If the accused person keeps getting in touch, they will likely be charged with criminal harassment. The warning from the police will then be used in court as proof that the accused knew their contact with the person after the warning was harassing.
Legal counsel with experience in such matters can investigate potential justifications for a harassment claim. Standard lines of defence involve casting doubt on the prosecutor’s ability to prove essential elements of the crime, like the complainant’s identity, the accused’s intent, or the victim’s reasonable fear of the accused. Simply hire lawyers of harassment or you can even hire a lawyer for stalking cases to get rid of mental threats.
A skilled attorney should cross-examine the complainant’s motivation for lying.
We at Fedorowicz Law are here to assist you. Schedule a free consultation or call us at 249-266-4222, and we can discuss your case.
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