Harassment

Under A.R.S. § 13-2921, harassment charges can arise from repeated unwanted contact, intimidating behavior, or actions that cause another person distress. However, the bottom line is that what may start as a misunderstanding or personal dispute can quickly escalate into criminal allegations. Whether the accusations involve excessive communication, following someone, or interfering with their daily life, a conviction can result in fines, jail time, restraining orders, and lasting consequences. If you have been charged with harassment, the Law Office of James E. Novak is ready to defend your rights and help you fight back against these allegations.

Arizona law defines harassment as a pattern of behavior intended to annoy, alarm, or intimidate another person. Unlike physical crimes, harassment is often based on verbal or written conduct, making these cases highly subjective. What one person sees as a simple disagreement, another may perceive as threatening or distressing.

The law outlines several actions that can constitute harassment, including:

• Repeated unwanted communication – This includes excessive phone calls, text messages, emails, or social media contact.
• Following or surveillance – Watching, tracking, or following someone in a way that causes them to feel threatened.
• Making false reports – Knowingly filing false police reports or complaints to cause trouble for another person.
• Interfering with a person’s lawful activities – Preventing someone from going to work, school, or engaging in daily activities.
• Threats or intimidation – Engaging in behavior that would cause a reasonable person to feel threatened or unsafe.

Harassment charges often stem from personal or professional conflicts, and accusations may arise in contentious situations such as workplace disputes, neighbor disagreements, or online interactions.

Harassment charges become even more serious when they involve a domestic relationship. In Arizona, domestic violence harassment occurs when the accused and the alleged victim have one of the following relationships:

• Spouses or former spouses
• Romantic or dating partners (current or past)
• Co-parents of a child
• Family members or household members

Because domestic violence cases receive heightened scrutiny from law enforcement and the courts, a domestic violence harassment charge may result in stricter penalties and additional legal consequences, including:

• Restraining orders or protective orders – The court may issue an injunction preventing any contact with the alleged victim.
• Firearm restrictions – A domestic violence harassment conviction may result in the loss of firearm rights.
• Mandatory domestic violence counseling – The court may require the defendant to complete counseling or anger management programs.
• Enhanced penalties for future offenses – A conviction for domestic violence harassment may be used to enhance future domestic violence-related charges, resulting in more severe sentencing.

These cases often arise in the context of divorce, custody disputes, or breakups, where emotions run high. Unfortunately, false or exaggerated accusations are not uncommon, particularly when one party is trying to gain an advantage in family court.

The penalties for harassment depend on the severity of the conduct and whether it is charged as a misdemeanor or felony:

• Class 1 misdemeanor – A first-time harassment offense is typically charged as a class 1 misdemeanor, punishable by:
  • Up to six months in jail
  • Fines of up to $2,500
  • Probation and potential court-ordered counseling
• Class 5 felony – Harassment can be elevated to a felony if it involves aggravating factors, such as repeated violations of a protective order or prior domestic violence convictions. A class 5 felony carries:
  • Between six months and 2.5 years in prison for a first offense
  • Heavier fines and court fees
  • A permanent criminal record that may impact employment, housing, and professional licenses

In either case, harassment charges are serious, and the impact of a conviction can follow you around for the rest of your life. However, being charged with a crime is not the same thing as being convicted, and it’s up to the government to prove its case beyond a reasonable doubt—if it can.

Harassment cases often rely on subjective interpretations of events, and an experienced defense Phoenix harassment attorney can effectively challenge the prosecution’s case by raising key defenses, such as:

• Lack of intent – Harassment requires intent to annoy, alarm, or intimidate. If the communication was innocent or not meant to cause distress, the charges may not stand.
• False accusations – Harassment charges often arise from personal conflicts, particularly in divorces, breakups, or workplace disputes. A defense attorney can expose inconsistencies in the accuser’s claims.
• No pattern of conduct – A single incident does not qualify as harassment under Arizona law. If the alleged behavior was an isolated event, the charges may be dismissed.
• Insufficient evidence – The prosecution must prove beyond a reasonable doubt that harassment occurred. If the evidence is weak or circumstantial, a skilled defense attorney can challenge its validity.

A harassment charge can seriously impact your reputation and future, even if you are never convicted. The consequences of a criminal record, restraining orders, and potential jail time make it critical to fight back against these allegations as soon as possible. At the Law Office of James E. Novak, we have extensive experience defending individuals facing harassment charges and will work tirelessly to challenge the accusations against you.

If you have been accused of harassment in Arizona, don’t wait to secure representation from an experienced Phoenix harassment lawyer. Early intervention is crucial in building a strong defense and protecting your rights. Contact the Law Office of James E. Novak today at 480-413-1499 or reach out through our secure online contact form to schedule a free consultation. We are ready to fight for your future.