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Aggravated Harassment

If you are accused of aggravated harassment, you should know all of the laws regarding the charge and what to expect as a result. Whether you are located in Phoenix or anywhere else in the state of Arizona, aggravated harassment per A.R.S. §13-2921.01 is present when there is an injunction against harassment or order of protection put into place by the Court against an individual. This is in favor of the victim, who has complained about an incident of harassment.

Harassment as a crime involves harassment of an individual by a person with the intention of harassing them. The communication in which the harassment has occurred could be done through phone, email, letter or by other means. As a result of this communication, the recipient must be alarmed, annoyed or feel as though they have been harassed. The conduct by the defendant must make the victim feel any of these things in order for the act to actually qualify as harassment.

Another form of harassment is if the individual follows the victim in public places for seemingly no reason, particularly after being asked to stop. If the person insists on continuously harassing the individual and commits various acts that harass them, including watching the individual for no actual purpose or they make false claims about them to law enforcement or certain agencies, then there may be a charge of aggravated harassment against him or her.

Harassment is a crime that can be perpetrated against a former friend, mate or even against a public officer or employee. When done against the latter two, the individual must file a non-consensual lien against them without getting an official judgment by the Court or any other document. To clarify, harassment against a former employee or public officer could occur as a result of the individual wanting to get even with them and filing a lien for no legitimate reason.

In many instances, the crime of aggravated harassment can take place if the individual has a previous conviction of domestic violence under A.R.S. §13-3601 and later commits misdemeanor harassment under §13-2921. The former charge can include a number of crimes against a person that is somehow related to the defendant, such as a married or unmarried couple who live in the same household or by blood as a family member.

If you are accused of aggravated harassment and have a prior crime of domestic violence, you can expect to be charged with a class five felony. Additionally, anyone who is convicted of a second, third or further crime of harassment, including violation of an order of protection, for a second time can also be charged with a class five felony. When you are charged as such, you can expect a punishment of anywhere from zero days to a full year in jail or a prison stay of anywhere from six months to two and a half years. With a prior felony conviction, the individual can face one year or as much as three and three quarter years of prison. With two prior felony convictions, the prison sentence can be three to seven and a half years of incarceration.

It is important to contact an attorney immediately if you face these very serious charges. If you are accused of aggravated harassment, your lawyer may use a few different defense tactics. To get a free consultation with a lawyer, please give our offices a call at (602) 737-2812 to schedule. Our offices are available 24 hours a day by phone or by using our confidential email form.

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