Harassment is a crime that can cover a multitude of actions. Section 42.07 of the Texas Penal Code defines harassment as occurring whenever a person communicates with someone in an effort to “harass, annoy, alarm, abuse, torment or embarrass” them. As such, harassment charges can sometimes include making threats of violent action or making others feel in fear of their safety. Some common crimes that could bring about harassment accusations are:
First-time offenders are typically charged with a Class B misdemeanor in Houston, which is punishable by six months in jail and a fine of up to $2,000. The punishment increases with each subsequent offense, with repeat offenders being charged with a Class C misdemeanor that is punishable by as much as one year in prison and a fine of up to $4,000.
As with any criminal matter, the burden of proof is on the state of Texas to show that a defendant is guilty. In proving innocence, some defenses that could be used are:
Of course, the exact defenses used will depend upon the circumstances surrounding an incident. In many cases, the victim may encourage the district attorney to drop charges in exchange for issuing a protective order to ensure his or her safety. Charges may sometimes be downgraded after negotiations with a prosecutor takes place as well. Those who are accused of messing with people should not try to negotiate their own plea deal, but instead contact criminal defense attorney Brett A. Podolsky today.
