What is Harassment Under California Law?

Harassment is a serious offense under California law and can be accompanied by a variety of legal repercussions. For more information and to secure skilled legal counsel during your case, continue reading and reach out to a knowledgeable Red Bluff criminal lawyer today.

What is Harassment Under CA Law?

Under California Penal Code § 422 and § 646.9, harassment can take several forms. § 422 covers criminal threats. Under this law, it is illegal to willfully threaten to commit a crime which would result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out. If the statement causes the person to reasonably fear for their own safety or for their immediate family’s safety, it is considered the crime of harassment.

§ 646.9 defines stalking and harassment as willfully, maliciously, and repeatedly following or harassing another person while making a credible threat that places them in fear for their safety. These laws extend to verbal, written, or digital communications.

In order for an offense to be considered harassment, the prosecution must show that the defendant acted willfully and maliciously with conduct designed to cause the victim to feel harassed, threatened, or fearful. If there was a credible threat of harm, it could be considered harassment under California law.

What Are the Penalties for Harassment in California?

The penalties you incur for a harassment conviction will vary depending on the specific circumstances of the situation. Harassment-related offenses can be charged as either a misdemeanor or a felony, depending on the details of the crime.

Misdemeanor harassment or stalking can result in up to one year in county jail and fines of up to $1,000. Felony stalking or harassment can lead to up to 5 years in state prison and fines up to $10,000, especially when threats or restraining orders are involved.

What Defenses Can Be Used Against Harassment Charges?

Because the penalties for harassment can be so severe, understanding the defenses available to you is pertinent in protecting your legal rights. With the help of your legal team, you could implement one or more of the following defenses.

1. Lack of intent: Your actions were misunderstood, accidental, or taken out of context, and you did not intend to harass or intimidate the individual.
2. Insufficient evidence: If the alleged harassment cannot be clearly documented, the charges may not stand.
3. False accusations: If the allegations were exaggerated or fabricated, you could provide evidence that you have been falsely accused.
4. Free speech: The First Amendment of the U.S. Constitution protects free speech, even if it is offensive or upsetting. If your messages did not include credible threats or repeated unwanted contact, it may not be considered harassment.

Contact a skilled criminal defense attorney today to discuss your legal rights and options.