Fairfield Second-Degree Harassment Defense Strategies
In cases of harassment, it is important to retain the services of an experienced legal advocate as soon as possible. Being convicted of harassment can have harmful and far-reaching consequences. If you want to know more about Fairfield second-degree harassment defense strategies, speak with a capable defense attorney that could devote the time and resources necessary to achieve a positive outcome for you.
Elements the Prosecution Must Prove
The prosecution is attempting to prove during a second degree harassment case that: 1), the defendant was using indecent or obscene language over the telephone; 2), they were delivering an annoying harassing or alarming message over some type of mode of communication, typically fax, email, mail, social media, or phone; or 3), they were intentionally making a telephone call that causes annoyance or alarm. Since harassment in the second-degree is not a specific intent crime in Connecticut, intent to cause emotional hard that occurred does not influence second-degree harassment cases in Fairfield.
Evidence the Prosecution Must Use
Types of evidence used by the prosecution in a second-degree harassment case include any type of harassment through communications, whether it is cell phone conversations, text messages, social media, digital communications, or emails. It could be anything that is gathered in connection with the investigation.
The presence of physical evidence might influence the case because the prosecution would typically have a strong case. This would make the defense attorney more inclined to try making a deal with the prosecution. The absence of physical evidence might influence the case because it would typically lead a defense attorney to be more inclined to take the case to trial
Potential Defenses Against Second-Degree Harassment
Some Fairfield second-degree harassment defense strategies an attorney could use when challenging a harassment charge in Fairfield include thoroughly investigating the accuser and alleged victims in a case, especially to see whether or not they are fabricating their story or making false allegations against the accused. It is important to try and figure out what their motive to lie might be, especially if there is a pending divorce or child custody proceeding, if they stand to gain any money from lying, or if there is some type of business advantage.
Also, it is important to investigate the alleged victims to see if they have wrongfully accused anyone else in the path of harassment. The best way to do this is to motion the court for permission to subpoena any of their records, like their cell phone records, their medical records, and their employment and psychological records. All of these would give a person insight into what the alleged victim’s mental state was at the time.
The First Amendment is another potential defense which protects an individual arrested for second-degree harassment because it affords someone the right to free speech. It might be an available defense that the defendant was legally exercising their First Amendment right to free speech. If the arrested individual claims self-defense, the attorney could not use that to benefit the defense case because it would not be an available defense to a harassment charge in Connecticut.
Nuances That Could Benefit a Person’s Case
There are local nuances that could contribute to a person’s defense. It is always important for someone to the hire a criminal defense attorney who knows the courthouse well and knows the prosecutors and judges well, because they would be familiar with the best ways to navigate the process, with the ways that the court works, and with the best way to negotiate with the prosecutor for the best disposition as opposed to someone who has never been in that courthouse before and does not know any of the prosecutors or judges. An attorney may also be aware of which Fairfield second-degree harassment defense strategies may work best in an individual’s case.
How a Fairfield Harassment Attorney Could Ensure a Fair Trial
In Fairfield, the steps a criminal defense lawyer could take to help ensure that you receive a fair trial for the alleged crime includes trying to limit the amount of press around the arrest, the amount of statements made that get leaked to the press, or anything that would inflame or affect the potential jury pool. A criminal defense lawyer could help avoid bias from the past record, because your criminal record may not be used against you if it is over 10 years old. If you decide to take the stand, a prosecutor could use it to establish bias. A capable defense attorney could determine which Fairfield second-degree harassment defense strategies they could use to build a solid case for you.