A charge of harassment can cover any number of offenses, such as cyberbullying, hate crimes, and stalking. Harassment is any action that is purposefully meant to bother, goad, intimidate, or dismay someone. What qualifies as harassment may vary according to each state's laws, but there are also certain federal laws that outline what actions constitute this offense.

The crux of a harassment charge is whether or not the offense was intentional. This is unlike most charges, where all a prosecutor has to do is prove that you did something prohibited by law. For instance, if someone drives drunk, they would still be charged with vehicular manslaughter for running someone over, even though they never meant to. To convict someone of harassment, however, the prosecutor must further prove "specific intent". He or she would have to prove that you meant to irritate or harm someone. You cannot be prosecuted for practicing your drums louder than your neighbor would like when you had no idea it was a nuisance.

With that preface, here is a look at specific instances of harassment. One of these is stalking. This could be monitoring someone, or regularly finding your way to that person's apartment or job when you are unwanted. Harassment could also be also cyber stalking. A second category of harassment is hate crime. This offense often relates to criminal actions that single out a victim because of their race, gender, age, etc. Cyberbullying is another offense that constitutes harassment. Some states have statutes specifically outlawing harassment over the internet. This means no obscenities, obscene suggestions, or threats.

So how would this offense be charged and penalized? It depends on each state's laws. Sometimes, charges may not be filed unless the offending action happens habitually or more than once. This applies more to verbal actions, however, as anything that includes physical contact or a violent threat only has to happen once to warrant a charge. We could take Hawaii's laws as an example. The law there requires that multiple phone calls occur before a charge can be filed. But if the phone call includes anything that constitutes a physical threat or is something that could incite violence, then it only takes one instance to be breaking the law.

State laws would also govern the specific penalties for harassment. Many times, someone's first charge of harassment is a misdemeanor, but any subsequent charges would be dealt with as felonies. North Carolina is one such state where a first offense is a misdemeanor. Other states, such as California, treat specific offenses as misdemeanors, and others as felonies, regardless of whether it is a first-time or a repeat offense. In California, if someone issues a threat that makes someone feel unsafe, then that is a misdemeanor. It is a felony, however, to issue a threat of murder or serious physical harm.

As for punishments, there can be jail sentences and fines imposed. With a conviction of harassment, someone can also be ordered to take psychological counseling. The sentence could further include something like a no-contact provision, or a provision that bans the convicted harasser from contacting the victim. The victim could also ask for a restraining order.

So what are your possible defenses if you are charged with harassment? Potential defenses might fall under two categories:

• Free Speech. While First Amendment rights cannot protect criminal speech, perhaps what you said is protected by the Constitution.
• Unintentional Outcome. Remember, the prosecutor has to prove that you meant for someone to feel emotional anguish. If you did not mean to harass your neighbor, then you cannot be prosecuted for playing loud music in your house that had foul language. Perhaps you were unaware that you had failed to close your window. Also, if you are being charged of issuing a malicious threat, you might be able to say that it was a joke, or a bluff. It will not be so effective, however, to say that you made a malicious, believable threat, but never meant to actually commit it.

Whether you are looking at a misdemeanor or a felony charge, you have to take an accusation of harassment seriously. Not only is your freedom being threatened, but your reputation can sustain lasting damage if you receive an undeserved conviction. Having this on your personal record can get in the way of all sorts of opportunities in life, anything from where you can work to where you live. To protect your future and your rights, do not wait to contact a criminal defense attorney today.