{"id":15318,"date":"2019-02-08T10:27:25","date_gmt":"2019-02-08T17:27:25","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=15318"},"modified":"2023-10-30T15:50:36","modified_gmt":"2023-10-30T22:50:36","slug":"harassment-charge-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/harassment-charge-arizona\/","title":{"rendered":"What Happens If You Get Charged With Harassment in Arizona?"},"content":{"rendered":"
Have you been charged with harassment? While not a felony, a misdemeanor harassment charge<\/a> still carries the potential for serious consequences. If convicted, you could face incarceration, probation, fines, community service, and mandatory counseling. In some cases, the charges alone can seriously harm your career, as employers are often reluctant to hire or promote employees with a criminal record.<\/p>\n What ultimately happens after you\u2019re charged with harassment depends on the unique circumstances of your case. You may be able to avoid jail time if you have a clean criminal record, though a conviction would still likely result in a fine, probation, and\/or community service. You may also be required to complete an applicable counseling program, such as anger management, domestic violence counseling, or sex offender treatment.<\/p>\n Under Arizona law, harassment includes \u201cconduct that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed, or harassed, and the conduct in fact seriously alarms, annoys, or harasses the person\u201d (ARS 13-2921<\/a>).<\/p>\n The law provides six examples, all of which require the offending party to act with intent to harass or with an understanding that they are harassing the victim:<\/p>\n While harassment via electronic communication is briefly addressed in ARS 13-2921, the use of an electronic communication to terrify, intimidate, threaten, or harass someone is addressed separately in ARS 13-2916<\/a>. In this context, electronic communication involves electronic mail (email), instant messages, text messages, phone calls, cables, and wire lines.<\/p>\n Examples include:<\/p>\n Note that under ARS 13-2916, Arizona law grants jurisdiction to the place where the electronic communications are received. That means jurisdiction is based on the victim\u2019s location, not the alleged harasser. As a result, a defendant who resides in another state may be charged with harassment in the state of Arizona.<\/p>\n Criminal harassment and civil harassment cases are separate matters. In a criminal harassment case, the district attorney files charges against you in criminal court for breaking state harassment laws. Your case will be assigned to a local prosecutor who will pursue justice on behalf of the victim. A conviction or plea deal will result in criminal penalties such as incarceration, fines, probation, community service, and counseling.<\/p>\n In a civil harassment case, the victim sues you directly for damages related to a violation of federal, state, or local employment laws. This type of case proceeds through civil court — not criminal court. As such, only monetary penalties apply. While there\u2019s no risk of incarceration in a civil case, the monetary penalties may be significantly higher than the fines applied in a criminal case.<\/p>\n Employment-related harassment cases in civil court are almost always accompanied by a state or federal investigation into workplace misconduct. In fact, most laws require that a victim file a formal complaint with the appropriate regulatory agency (e.g. the Equal Employment Opportunity Commission<\/a> or the Industrial Commission of Arizona<\/a>) before filing a harassment suit in civil court. Should you find yourself the subject of an employment-related investigation or civil harassment suit, you should discuss your case with an employment attorney rather than a criminal attorney.<\/p>\n Monetary damages don\u2019t apply in criminal harassment cases, but the victim (or the victim\u2019s parent or guardian if the victim is a minor) has the right to file a civil suit seeking compensation for emotional damages stemming from the alleged harassment. The victim can also file for a restraining order or injunction.<\/p>\n While the American legal system dictates that a person must be found guilty beyond a reasonable doubt in criminal cases, the same standard does not apply in civil cases. Even if you prevail in your criminal case and have the harassment charges successfully dropped, you may find yourself liable to monetary damages in civil court.<\/p>\n Harassment is considered a class 1 misdemeanor in Arizona. A defendant who is convicted of a class 1 misdemeanor may be subject to the following penalties:<\/p>\n In harassment cases where the defendant violates a protective order or injunction against harassing the victim, the judge may elevate the charge to aggravated harassment<\/a>. A first-time aggravated harassment charge is a class 6 felony<\/a>. Any subsequent aggravated harassment charges may be upgraded to a class 5 felony, carrying even harsher penalties.<\/p>\n Defendants who have previously been convicted of domestic violence<\/a> may also be charged with aggravated harassment. In this case, aggravated harassment related to domestic violence jumps straight to a class 5 felony.<\/p>\n The most common defense against a harassment charge is to dispute the allegation that you meant to harass the victim. If it can be proven that your actions were not intended to harass the victim, and that a reasonable person should not have been alarmed, annoyed, or harassed by your actions, you have a much better chance of the charges being dropped or reduced.<\/p>\n Of course, there are a number of ways to defend yourself against harassment charges, and the best strategy for you depends on the unique details of your case. This is why hiring a criminal defense attorney to represent you, or at the very least consulting with an attorney about your case, is the best way to ensure an optimal outcome.\u00a0<\/span><\/p>\n To get in contact with our criminal defense team and receive a free consultation<\/a>, please fill out a form below or give us a call at (480) 467-4370<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" Introduction Have you been charged with harassment? While not a felony, a misdemeanor harassment charge still carries the potential for serious consequences. If convicted, you could face incarceration, probation, fines, community service, and mandatory counseling. In some cases, the charges alone can seriously harm your career, as employers are often reluctant to hire or promote […]<\/p>\n","protected":false},"author":21,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"site-sidebar-layout":"default","site-content-layout":"default","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"default","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[2168],"tags":[],"class_list":["post-15318","post","type-post","status-publish","format-standard","hentry","category-legal-process"],"acf":[],"yoast_head":"\nArizona Criminal Harassment Laws Explained<\/h2>\n
What Exactly Constitutes Harassment in Arizona?<\/h3>\n
\n
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Criminal Harassment vs. Civil Harassment<\/h2>\n
Can a Harassment Victim Sue for Emotional Damages?<\/h2>\n
Penalties For Harassment in Arizona<\/h2>\n
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Defending Against Harassment Charges<\/h2>\n