A harassment charge can come with significant consequences that can affect both your livelihood and your future reputation. No matter the severity of your charges, it’s important that you have a strong defense to protect yourself against the risks of facing the harshest penalties under the law.
If you are facing harassment charges in Phoenix or another location in Arizona, it is imperative that you seek legal advice as soon as possible. Our Phoenix harassment lawyers at JacksonWhite will assist in building an aggressive defense for court hearings and will explore ways to reduce or dismiss the charges against you.
What is Harassment in Arizona?
Penalties for Harassment in Arizona
Harassment charges in Arizona can come with several harsh penalties along with various classifications, from a misdemeanor to class 5 felony. The classification largely depends on the severity of the offense and the other circumstances surrounding it. For example, ARS-13-2921 differentiates harassment against a private party from a charge against a public officer or employee. The statute also differentiates a harassment charge from an aggravated charge.
Depending on the nature of the charge and the circumstances around it, a harassment charge can come with the following penalties:
- A class 1 misdemeanor with a prison term of up to six months and a fine of up to $2,500
- A class 6 felony with a prison term ranging from 1.5 years to 5.75 years and a fine of up to $150,000
- A class 5 felony with a prison term of up to 2.5 years or higher for repeat offenses and a fine of up to $150,000
Penalties may be more severe if a harassment charge is considered an aggravated offense—an aggravated charge is associated with a repeat offense or with previous charges like domestic violence. To better understand the charges you are facing and their potential legal consequences, you should consult a Phoenix harassment attorney as soon as possible.
Why Hire a Harassment Lawyer?
A harassment lawyer can be a valuable resource, and you should not face a harassment charge without one. Without a skilled and experienced attorney by your side, you risk going up against a prosecution team pursuing the harshest possible penalties without the tools to defend yourself.
Our criminal defense lawyers at JacksonWhite will ensure you are well-equipped against a ruthless prosecution. We’ll analyze the case details to help you build a defense that can reduce your chances of facing harsh charges. Most of all, we’ll provide you peace of mind throughout the process, combining our legal experience with compassion to help you navigate the difficulties of the legal process.
Contact us today to discuss your case for free and learn more about the benefits of having an attorney by your side.
Our Approach to Harassment Cases
At JacksonWhite, we take a strategic, thoughtful approach to harassment cases so that we can build the strongest possible defense. As with any criminal defense case that we take on, we begin every harassment case with a free initial consultation.
This consultation allows us to understand the unique circumstances surrounding your case and the options available to you.
From there, we’ll take the following steps to support you against a harassment charge:
- Thoroughly reviewing the evidence of the case and the circumstances surrounding the alleged harassment
- Using our legal experience to poke holes in the prosecution’s argument and pursue a dismissal of charges
- Developing a strategic defense plan to challenge the accusations
- Negotiating with the prosecution to pursue a settlement or plea deal
- Providing professional yet assertive representation in court while remaining sensitive to your reputation
Our Phoenix harassment lawyers will pull out all the stops to defend and represent you against harassment charges. When you contact our team, we’ll work to understand your case and begin laying out the best strategies to build a path to defense.
Possible Harassment Defense Strategies
When you meet with a criminal defense attorney, they will discuss possible defenses to have the charges against you lowered or dropped. At JacksonWhite, we analyze your case to determine all possible legal options we have available, and we have a number of options at your disposal for seeking reduced or dropped charges. In harassment cases, the following are some of our most common defenses.
Proving Lack of Intent or Knowledge
Arizona’s harassment laws stipulate that for an act to qualify as harassment, either the perpetrator must have intended it, or possess knowledge that his/her actions cause it. Even if their actions cause alarm or harassment to someone, but without intent to cause harm or knowledge that their actions would lead to such consequences.Â
Hence if their actions cause alarm or harassment to someone they cannot be charged with harassment as long as this was never their intent nor they had knowledge their actions would cause such consequences.
Proving that the Victim was Not Seriously Alarmed, Annoyed or Harassed
This defense may be useful when harassment charges are initiated without explicit consent from the victim. Even when actions meet the legal definition of harassment, they may still not qualify unless their actions caused genuine distress for their target. It is crucial to ascertain if their target perceived their actions as acts of loving concern or one-off incidents before making this determination; otherwise, if their interpretation differs, the defendant should not be charged with harassment.
Lowering the Charge from a Felony to a Misdemeanor
Under Arizona Revised Statute 13-604, Arizona courts may have the discretion to reduce class 6 felonies to class 1 misdemeanors when the offense is nonviolent and it is the defendant’s first offense. This provision offers individuals charged with harassment an opportunity for more favorable outcomes; their potential penalty could be reduced from two years in prison to as little as six months incarceration by taking advantage of this provision.
Miranda Rights Violations
Asserting that law enforcement violated your Miranda rights is a popular legal strategy in criminal court. This strategy centers around the principle that you have an absolute right to know about and protect those rights.
Getting Qualified Legal Representation for Harassment Charges. Harassment charges in Arizona can come with serious consequences, and navigating the legal system alone only puts you at a greater risk of receiving the harshest penalties under the law. When you’re facing criminal charges in Arizona, it’s important to meet with an experienced criminal defense attorney as soon as possible.
Our team at JacksonWhite will use all of the options at our disposal to support you in your case and pursue the best possible outcome. Above all else, our compassionate approach will allow you to enjoy peace of mind throughout the process. We offer a free case review for clients facing criminal charges so we can work together to develop a plan of action.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
Meet JacksonWhite Law
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Our team is ready to fight to get you the compensation you deserve. You can trust our 20 years of experience practicing personal injury law in Arizona.
Contact us today to schedule a free consultation.