Stalking Defense Attorney in Kingston, PA Defending Against Stalking and Harassment Charges in Luzerne County, Lackawanna County, Columbia County, and Throughout Northeastern Pennsylvania
If you’re facing charges of harassment or stalking, there’s a lot at stake. A conviction could result in jail time, significant fines, and a criminal record that follows you for a lifetime. With the help and guidance of a Luzerne County harassment lawyer at Muckler Law, LLC, you can fight back against charges that put your future at risk, challenging misunderstandings and false accusations effectively.
Our firm offers free, confidential consultations, ensuring that you can get the answers you need to approach the legal process from an informed, advantageous position. Contact us today to see how Muckler Law, LLC can provide a defense that minimizes the impact of serious harassment and stalking charges.
Understanding Harassment and Stalking Charges Under Pennsylvania Law
It can be difficult to determine what type of conduct results in harassment charges and to distinguish the difference between harassment and stalking. If you have been criminally charged with such a violation, it’s critical that you understand exactly what you’re accused of doing and how this conduct violates PA law. Building an effective defense depends on your ability to pick apart the case against you and provide evidence and arguments that support a dismissal or reduction of charges, a not-guilty verdict, or a lighter sentence.
What Is Harassment?
Section 2709 of Pennsylvania Consolidated Statutes, Title 18, establishes harassment as a criminal offense. Under this law, criminal harassment encompasses any of the following activities done with the intent to annoy, alarm, or harass the victim:
- Actual, attempted, or threatened unwanted physical contact, such as hitting, striking, shoving, or kicking
- Repeated actions that annoy the victim and serve no legitimate purpose
- Following the victim in or around public places
- Communications to or about the victim via words, drawings, or caricatures that are threatening, obscene, lewd, or lascivious
- Repeated annoying or alarming communications, including communicating anonymously or at inconvenient hours
Cyber Harassment Offenses
Communication that can constitute harassment may occur via numerous channels, not simply face-to-face interactions. This statute of Pennsylvania law also establishes the crime of cyber harassment of a child. Cyber harassment charges may be filed against either adults or other juveniles if the defendant is accused of using social media services or other electronic means to engage in a continuing course of conduct that involves either:
- Threatening to inflict harm on a minor, or
- Making seriously disparaging statements intended to cause emotional distress
Communications that constitute seriously disparaging statements may target the child’s physical characteristics or appearance, any physical or mental health conditions, the child’s sexuality, and references to their sexual activity.
Classification of Criminal Harassment Charges
Violations of Pennsylvania’s harassment statute are criminal offenses. Shoving, striking, following, and repeatedly annoying a victim generally constitutes a summary offense, the lowest level of criminal offense under state law. If you have a previous violation of a court order against harassing the victim or a member of their family or household, you could face more serious charges.
If the harassment offense involved threatening or obscene communications, repeated anonymous communications, repeated communications at inconvenient hours, or cyber harassment of a child, you could be facing more serious third-degree misdemeanor charges.
What Is Stalking?
Section 2709.1 of Pennsylvania Consolidated Statutes, Title 18, establishes the crime of stalking. The legal definition of stalking in PA is repeatedly engaging in conduct intended to either cause the victim substantial emotional distress or instill in them reasonable fear of bodily injury. Stalking often involves following the victim or engaging in repeated communications with them with the intent to produce these outcomes.
Classification of Stalking Charges
Stalking is a more serious offense than harassment, with first offenses constituting first-degree misdemeanor charges. Stalking can be charged as a third-degree felony in the event of any of the following situations:
- Second and subsequent offenses
- First offenses in which the defendant has a prior conviction of a violent crime against the victim or a member of their family or household, including assault, kidnapping, strangulation, or rape
- First offenses in which the defendant has a prior conviction for violating a protective order or restraining order filed against them by the victim
Given the increased severity of this violation, it’s especially important that you consult an experienced stalking defense attorney in Kingston, PA, who can help you fight the charges against you.
What Conduct Is and Isn’t Considered Harassment and Stalking in Pennsylvania?
Repeated unwanted physical contact, repeated harassing phone calls, and following the alleged victim are all among the courses of conduct that could lead to harassment or stalking allegations. Generally, conduct that constitutes stalking differs from harassment because it does more than annoy or alarm the alleged victim, resulting in substantial emotional distress or fear of injury.
Facing harassment or stalking charges doesn’t mean a conviction is imminent. Through a strong, strategic defense, a Luzerne County harassment lawyer can challenge false allegations, mistaken identities, intent argued by the prosecution, and other elements that are crucial for proving this violation.
Penalties for Harassment Charges in Pennsylvania
The potential consequences of harassment or stalking charges in PA are serious.
For a summary offense of harassment, you could be fined up to $300 and sentenced to up to 90 days in jail. If the harassment charges against you constitute a third-degree misdemeanor, a potential prison sentence could amount to one year, and you could be criminally fined up to $2,000.
Stalking penalties in Pennsylvania can encompass steep fines and years-long imprisonment. For a first-degree misdemeanor charge of stalking, you could be facing up to five years of jail time and up to $10,000 in fines. A stalking charge that constitutes a third-degree felony can be punished by a prison sentence of up to seven years, as well as a criminal fine of up to $15,000.
How to Beat a Harassment Charge in Kingston, PA
With your freedom on the line, not to mention significant fines and a damaging criminal record, you need to focus on developing an effective defense.
A smart strategy fully informed by the evidence could provide the opportunity to get charges dropped completely, negotiate reduced charges (such as harassment rather than stalking), or get unlawfully obtained evidence suppressed. You could present a compelling argument in trial, achieving a not-guilty verdict that allows you to put this matter behind you. In cases in which the evidence against you is strong, a smart legal strategy may still allow you to advocate effectively for less harsh sentences.
Defenses to Harassment and Stalking Charges
Depending on the facts of your situation, there are numerous lines of defense that could help you fight harassment and stalking charges.
False Allegations
For reasons that range from seeking attention to getting revenge for personal slights, an alleged victim could falsely accuse a defendant of harassing or stalking them. If you believe the allegations against you are false, we can work to identify inconsistencies in the case against you and question the credibility of your accuser.
Misidentification
Perhaps the victim really was harassed or stalked, but you were not the perpetrator. In mistaken identity defenses to stalking charges, we can work to establish an alibi and highlight discrepancies in victims’ and witnesses’ accounts that cast doubt on whether you were the perpetrator of the conduct.
Lack of Intent
Intent is an important part of a harassment or stalking violation. The prosecutor must prove that you intended to harass, annoy, alarm, or cause distress or fear of injury to the victim through your actions or communications. We can challenge this argument, highlighting any way in which the prosecutor falls short of establishing your intent beyond a reasonable doubt and presenting alternative explanations, such as misunderstandings or misinterpretations of your true intent.
Self-Defense
The allegations against you may have painted a completely warped picture of what really happened. If you had reason to believe you were in imminent danger from the alleged victim or if this person had threatened you, you may be able to successfully argue that the conduct that they are alleging constitutes harassment—particularly pertaining to physical contact such as shoving— was actually done in self-defense.
Insufficiency of the Evidence
Ultimately, it’s the prosecutor’s responsibility to prove your guilt, including that you committed this offense and that you had the intent to annoy, alarm, or induce distress, beyond a reasonable doubt. We can expose all of the shortcomings in the case against you and fight to ensure that any unlawfully obtained evidence is suppressed.
The Advantages of Retaining a Stalking Defense Attorney in Kingston, PA
Determining the most effective defenses against harassment charges requires a full understanding of the case against you. Your defense strategy needs to make full use of the strengths of your case while working to mitigate its weaknesses.
Having a knowledgeable attorney on your side is crucial for analyzing the case against you, identifying evidence that works in your favor, developing an effective strategy, and presenting compelling arguments for the outcomes that benefit you.
How Muckler Law, LLC Can Help You Fight Back Against Criminal Harassment Charges
To put up the strongest harassment and stalking defense possible, you need skilled legal counsel prepared to build your case methodically and meticulously. At Muckler Law, LLC, we thoroughly analyze your legal issue from every angle, challenging evidence while working to gather all information that supports your defense. We base our strategy on the specific facts of your unique situation, considering all avenues and pursuing the path that best fits your situation and priorities.
Throughout your case, you can count on us to be there every step of the way. From initial court appearances and motions through plea negotiations, trial representation, and advocacy in sentencing proceedings, your attorney will be your trusted resource, allowing you to face the legal process with as much confidence as possible.
Why Choose Muckler Law, LLC as Your Luzerne County Harassment Lawyer?
When you need a Luzerne County harassment lawyer to fight back against charges that could affect you for a lifetime, you need Muckler Law, LLC. Our firm is known throughout Northeastern Pennsylvania for our commitment to defending the accused, the experienced representation we provide, and the results we achieve for our clients.
An Unshakeable Commitment to Standing Up for the Accused
If you’re facing criminal charges of harassment or stalking, you need support more now than ever before. Our firm focuses on criminal defense law, and we’re dedicated to advocating for the fair treatment and legal protections of those accused of violations of all kinds. We recognize how difficult the legal process can be, and we’re here to ensure you never have to face it alone.
Experience as a Defense Attorney and Former Prosecutor
Attorney Matthew Muckler has more than 15 years of legal experience, developing his skills and legal knowledge not only as a respected criminal defense attorney but also in his role as former Luzerne County Assistant District Attorney. With the insider knowledge of a former prosecutor, he knows how the state approaches cases like yours and how to effectively challenge the prosecution’s evidence and arguments against you.
Proven Results in Courts Across Pennsylvania
Muckler Law, LLC has defended clients in thousands of criminal cases, achieving a record of success that speaks to our firm’s dedication. From summary offenses and misdemeanors to felony violations, we have the breadth and depth of skill to handle all types of criminal defense matters—and the results to prove it.
Contact a Luzerne County Harassment Lawyer at Muckler Law, LLC Today for a Free Case Review
Even in felony stalking cases, it’s possible to minimize the consequences of this legal issue on your criminal record, your freedom, and your finances. An effective defense strategy can result in favorable outcomes that allow you to avoid or reduce prison sentences, fines, and the long-term consequences of a criminal conviction.
For help from a stalking defense attorney in Kingston, PA, contact Muckler Law, LLC online or call 570-908-4069 today.
