Harassment is the unwanted behavior or repeated actions intended to annoy or intimidate someone. Sometimes, harassment is civil, which means you could face a lawsuit and a restraining order. In other situations, it can lead to criminal charges. California courts consider your conduct, intent, and the effect of your acts on the alleged victim.

Not every rude or annoying action can qualify as harassment. Your behavior will qualify as harassment if it is repeated, annoying, and threatening. In criminal cases, harassment can include charges of threats, stalking, or unwanted contact. Harassment can attract a misdemeanor or a felony. The circumstances of your offense and your criminal record can affect the prosecutor's decision.

Charges for crimes involving harassment can have devastating effects on your life. If you are convicted of harassment, you may face severe penalties. These include prison time, fines, and a permanent criminal record. You will need the insight of a reliable criminal lawyer if you face allegations of harassment. Your attorney will help you gather evidence and build a strong defense against your charges.

An Overview of Harassment Laws in California

There is no single definition of harassment under California law. Harassment laws differ according to the specific actions. Harassment can happen at home. If you are going to be found guilty of harassing someone, the conduct must necessarily go beyond mere arguments. Acts that may count as harassment include:

  • Repeated phone calls
  • Threatening messages
  • Following someone
  • Workplace misconduct
  • Sexual comments or advances
  • Stalking behavior
  • Verbal threats

Some harassment cases are handled in civil court, while others may lead to misdemeanor or felony criminal charges. Different criminal charges may arise due to harassment behavior. These include:

Annoying or Threatening Phone Calls – (California Penal Code § 653m)

California Penal Code § 653m makes it illegal to make repeated annoying, threatening, or harassing communication to another person. The law applies to phone calls, text messages, emails, and online messages. To secure a conviction under this statute, the prosecution must prove the following elements:

  • You contacted another person
  • You intended to annoy, harass, or threaten the other person.
  • The communication was repeated, obscene, or threatening.

A single rude comment to a person may not count as harassment. The conduct must involve repeated or disturbing communication. Making annoying or threatening phone calls is a misdemeanor. A conviction for the offense results in the following penalties:

  • A jail sentence of up to six months
  • A fine of up to $1,000
  • Misdemeanor probation
  • Counseling requirements

Criminal Threats – California Penal Code § 422

Under California Penal Code § 422, it is a crime to threaten injury or death to another person. You can threaten verbally or through electronic communication. PC 422 only applies if the threat makes the victim fear for their or their family's safety. To convict you of making criminal threats, the prosecutor must prove the following:

  • You threatened to kill or seriously harm someone.
  • You intended the statement to be taken as a real threat.
  • The threat was clear and specific.
  • The alleged victim experienced sustained fear because of the threat.

The prosecution does not need to prove you actually intended to carry out the threat. Causing the alleged victim to fear for their safety is enough for a conviction. Making criminal threats is a wobbler offense. The prosecution can file felony or misdemeanor charges against you, depending on your criminal record and the circumstances of the case. As a misdemeanor, the offense is punishable by:

  • Up to 1 year in county jail
  • A fine of up to $1,000
  • Misdemeanor probation

A felony conviction, on the other hand, will result in the following penalties:

  • A prison sentence of 16 months to 2 or 3 years
  • Strike under California’s Three Strikes law
  • Loss of firearm rights

Stalking – California Penal Code § 646.9

California Penal Code § 646.9 prohibits stalking. Stalking involves repeatedly following or threatening another person. You will be found liable under this statute if your actions cause the victim to fear for their safety. To prove stalking, prosecutors must show the following:

  • You willfully and repeatedly followed or harassed another person.
  • You made a credible threat against the person.
  • The threat caused the victim to reasonably fear for their safety.

The threats in this case may be verbal, written, or electronic. Violation of PC 646.9 can result in felony or misdemeanor charges. When charged as a misdemeanor, stalking is punishable by:

  • Up to 1 year in county jail
  • Fines
  • Probation

If you face felony charges, a conviction can result in the following:

  • Sixteen months to two or three years in state prison
  • Protective orders
  • Longer prison sentences for prior convictions

Cyberharassment – California Penal Code § 653.2

California Penal Code § 653.2 makes it illegal to use electronic communication to harass, threaten, or place another person in fear. The offense involves social media, emails, text messages, or posting private information online. To prove your liability under this statute, the prosecution must prove the following:

  • You electronically distributed harmful information about another person.
  • You intended to place the person in fear
  • The conduct was likely to result in unwanted contact or threats.

Penal Code § 653.2 also applies in online harassment cases. Cyberharassment is charged as a misdemeanor under California law. The penalties for the offense will include:

  • Up to 1 year in county jail
  • Fines
  • Misdemeanor probation
  • Restrictions on electronic communication

Violating Restraining Orders – California Penal Code § 273.6

Under California Penal Code § 273.6, it is unlawful to knowingly violate a restraining order or protective order issued by a court. Courts issue these orders to protect the victims of domestic violence, harassment, and stalking cases. When you face charges for violating a restraining order, the prosecution must prove the following:

  • The court issued a restraining order against you.
  • You knew that the order existed.
  • You intentionally violated the order.

The court attaches strict conditions to restraining orders. These conditions include:

  • No Contact. If the court issues a restraining order against you, you may not contact the protected person in any way. Contact in this case may include social media communication and indirect contact through other people.
  • Stay-away orders. The judge may order you to stay a certain distance away from the protected person after issuance of a restraining order.
  • No harassment or threats. When a judge issues a restraining order against you, you cannot continue to threaten or harass the victim.
  • Move-out orders. In domestic violence cases, the judge may order you to move out of the home you share with the alleged victim. If you have belongings in the house, a law enforcement officer can escort you to collect them.
  • Firearm restrictions. The judge may require you to surrender your firearms and ammunition while the restraining order remains active.
  • No third-party communication. You cannot ask friends, relatives, coworkers, or other people to contact the protected person when there is a restraining order against you.

You will be found guilty under PC 273.6 if you violate one or more conditions of the restraining order. Violation of a restraining order is a misdemeanor punishable by:

  • Up to 1 year in county jail
  • Fines
  • Probation
  • Mandatory counseling
  • Additional restraining order restrictions

Disturbing the Peace – California Penal Code § 415

California Penal Code § 415 prohibits disturbing the peace. The crime is always associated with public disturbances, noisy behavior, or other forms of offensive conduct. It normally occurs during an argument, a public dispute, or a situation where one is intoxicated. The following elements of law apply when trying to prove that you have violated PC 415:

  • You fought someone in public.
  • You challenged another person to fight.
  • You made an unreasonable noise in public.
  • You used offensive words likely to provoke violence.

Disturbing the peace is generally charged as a misdemeanor and is punishable by:

  • Up to 90 days in county jail
  • A fine of up to $400
  • Informal probation
  • Community service

First-time offenders may sometimes qualify for diversion programs or reduced charges.

Collateral Consequences of a Harassment Conviction

In many cases, people believe a harassment case is over when they have paid fines or are on probation. In reality, a criminal conviction can affect many areas of your life. Even if you have been convicted of a misdemeanor, the consequences can remain with you for years. These long-term consequences of a conviction for harassment include:

Difficulty Finding Employment Opportunities

Many employers perform background checks on potential employees before hiring. A harassment conviction on your record may create doubt about your judgment. Furthermore, the employer may worry about workplace safety. A harassment conviction can make it harder for you to obtain or keep a job. Such problems can create a major issue with jobs that involve working with children or vulnerable people.

Some employers take criminal records seriously. These include sectors like:

  • Healthcare
  • Education
  • Customer service
  • Security

A criminal record can cost you job opportunities. If you already have a job, you could lose it after a conviction. Some company policies require a termination or suspension for criminal conduct.

Challenges with Professional Licensing

If you hold a professional license, a harassment conviction may place your career at risk. Licensing boards often review criminal convictions when deciding whether to grant or revoke a license. A conviction for harassment can impact your licensing if you are in the following fields:

  • Nursing
  • Teaching
  • Real estate

When the board hears about your criminal conviction, it will investigate to determine whether your conviction would prevent you from working safely. The board may issue warnings, suspend, or revoke a license depending on the outcome of the investigation. Protecting your license from the board's action can be a complicated and costly process.

Immigration Status

If you are not a United States citizen, a harassment conviction may create immigration problems. After a criminal conviction, the court may forward your case to ICE. A conviction in this case may affect your green card or naturalization applications. A crime involving harassment shows a lack of moral character. In this case, you can face inadmissibility or deportation. Violations of protective orders related to harassment cases can create additional risks.

Housing Applications

Many landlords run criminal background checks before approving rental applications. A conviction for harassment may make it more difficult for you to find decent housing. Some property owners may deny your application to avoid future disputes in the residence. If a landlord approves your application, they may ask for larger deposits. In a competitive housing market, even a misdemeanor conviction can reduce your options.

Firearm Rights

Certain harassment convictions can affect your firearm rights under California law. The court may order you to surrender firearms while a protective order is active. Some felony convictions can result in permanent firearm bans. If you violate these restrictions, you may face additional criminal charges.

Family Court Proceedings

A harassment conviction can impact the decisions made in family court. Judges who handle custody cases make decisions in the child's best interests. Having a criminal conviction on your record can reflect badly on your character. The other parent may use the conviction to argue that you are unstable or unsafe.

Harassment vs. Protected Free Speech

A key concern in harassment cases is the First Amendment, which protects freedom of speech. California law must strike a balance between the criminal statute and the Fourth Amendment. You cannot be charged with harassment for:

  • Being rude or offensive to another person
  • Using insulting language
  • Expressing an unpopular opinion
  • Engaging in heated arguments

Under these circumstances, your criminal defense attorney can argue that your conduct counts as protected speech. 

Common Defenses to Harassment Charges in California

Some harassment cases involve former dating partners, family disputes, and workplace conflicts. Therefore, accusations of harassment are not always reliable. To secure a conviction for a harassment crime, the prosecutors must prove every element of the offense beyond a reasonable doubt. You can avoid a conviction by presenting the following defenses in your case:

False Accusations

False allegations are common in harassment cases. Some people may make false accusations against you because of divorce disputes, custody battles, or a strained personal relationship. If your harassment case involves online interactions, a person can take information out of context. Your attorney can review statements of witnesses and social media history to prove false claims. Additionally, they can uncover the motives for false allegations to prove that you did not commit the offense.

Lack of Intent

Many harassment-related crimes require the prosecution to prove that you acted with the intent to threaten, annoy, or harass the alleged victim. Not all unpleasant interactions are criminal activities. A misunderstanding or an accidental conversation may not support a conviction. A conviction could be averted if you can prove that you did not intend to commit a crime.

No Credible Threat

When there are threats or acts of stalking involved, there is a need for prosecutors to show evidence of the victim being in fear of the danger posed by the accused. The courts will take into consideration the actual words uttered by the accused as well as the surrounding situation in deciding whether your threats were believable.

For example, the hostile comments you make during arguments may not constitute criminal threats. The defense may argue that the victim did not fear harm.

Insufficient Evidence

For different harassment crimes, the prosecution must prove all the elements of the crime to secure a conviction. The prosecution can rely on physical evidence and witness testimonies to assert the elements. Some harassment cases frequently rely on electronic evidence, which is not always reliable. Your attorney can challenge the accuracy of the information. Also, they can argue that the messages were altered.

In cases involving online harassment, the prosecutor may find it challenging to identify the exact sender. In such a situation, your defense lawyer can hire a digital forensic expert. The expert will analyze phones, computers, and account activity to determine the source of the threats.

Mutual Contact

Many harassing cases involve personal relationships. Therefore, it is not uncommon for the involved parties to have continued contact and communication. If you had contact with the alleged victim, you can use that as a defense against your charges. Mutual communication does not automatically defeat criminal charges. However, it may undermine claims that you are solely responsible for the conduct.

Find a Competent Criminal Defense Attorney Near Me

Under California law, harassment may involve unwanted contact, threats, stalking, or conduct that causes emotional distress. Sometimes it occurs at home, other times it happens at work or online. Some cases of harassment are civil; in others, the perpetrator could face arrest and criminal charges.

Offenses that could arise from harassment incidents include stalking, criminal threats, and cyberbullying. California courts will carefully assess your actions, intent, and context before finding you guilty of a crime related to harassment. If you are arrested and charged with these offenses, you risk serious criminal penalties. These include incarceration, fines, and probation.

Harassment allegations can also affect employment, immigration status, and reputation. Therefore, you will need the guidance of a seasoned attorney. At The LA Criminal Defense Law Firm, we will offer the legal insight you need to secure a favorable case outcome. Call us at 310-935-1675 from Los Angeles, CA, for much-needed assistance.