How do harassment charges work
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Sexual harassment can also be subject to special statutes in some places. It is actually a form of discrimination, which is a civil rather than a criminal charge. Other forms of discriminatory behavior, such as bullying based on ethnic differences, sexual preferences, or religion is also typically seen as a civil crime. Once someone feels like he or she has been threatened, it is usually possible to file a restraining order through the court system. This prohibits the accused person from having any contact with the victim.
If the order is granted and then violated, the suspect can be arrested on a harassment charge. In cases where violence occurs, a person may be able to file for an order of protection, which specifically prohibits any act of violence, and orders the assailant to do specific things to increase the safety of the victim, such as not being in the same area.
Contact Saggi Law Firm for our services. The elements of the different levels of Harassment are as follows:. A person is guilty of Harassment at the Felony level if the above elements are met, and in addition:.
For the purposes of b iii and iv of this subsection, the fear from the threat must be a fear that a reasonable criminal justice participant would have under all the circumstances. Threatening words do not constitute harassment if it is apparent to the criminal justice participant that the person does not have the present and future ability to carry out the threat.
Felony level Harassment charges are handled in Superior Court. While the options are different than the options in a District or Municipal Court, there are still a number of ways to resolve a Harassment case that will hopefully avoid the finding of Guilty. With this type of Diversion Agreement, the Court does not sentence a defendant, the Court merely approves the contract between the parties the Defendant and the Prosecutor.
If the defendant abides by the terms of the contract, the Harassment case is typically dismissed at the end of the agreed upon term. Procedurally, the case goes onto a long continuance and then ends in a dismissal — there is never a conviction if all the terms are met. To understand how to respond to your charges, the best thing to do is to contact a criminal defence lawyer.
Hiring an attorney is the best way to protect your legal rights and avoid getting a criminal record. Are you looking for a offence lawyer in Winnipeg? Leave your case in the hands of the experts, and we will make sure that all your rights are protected. Email any time, at office gregbrodsky. Privacy Statement. Automated page speed optimizations for fast site performance.