Penalties for Second-Degree Harassment in Fairfield
Penalties for second-degree harassment in Fairfield can be severe. Repeat offenses are often viewed more harshly and prosecutors take it into account when prosecuting these cases. That is why, if you have been charged with a second-degree harassment offense, you should work with a capable harassment attorney. An experienced lawyer could work diligently to mitigate the penalties that you may face. Speak with a determined legal advocate that could fight for you.
What is a Restraining Order?
A restraining order is the same as a protective order. It is used interchangeably in Connecticut. There are three different forms of protective orders or restraining orders available in Connecticut. The most severe is the full no-contact order, which forbids a person from having any contact whatsoever with the accuser. The second type is the full or residential stay-away order that allows contact but forbids a person to enter the protected person’s business or residence. The least restrictive is a partial protective order, which allows full contact and cohabitation, but it prohibits from threatening, intimidating, or harassing the protected parties. The penalties for violating a restraining or protective order in Connecticut fall under Connecticut General Statutes § 53(a)-223. It is a Class B felony punishable by up to five years in jail.
Types of Communication in Harassment Cases
The forms of communication that typically facilitate second-degree harassment are cell phone calls, text messages, social media postings and messages, and emails. Telecommunication laws play a part in harassment cases because technologies are advancing throughout Connecticut and leading too more arrests in Fairfield, Connecticut. A majority of the harassment arrests now are due to some type of telecommunication or digital and social media communication.
Limitations Regarding Cell Phone Records and Social Media
The case process for second-degree harassment differs pertaining to the different types of speech that may be at play in a private conversation versus a public conversation – depending on the nature of the conversation they may have First Amendment defense available to them. There are limitations of criminal defense lawyers regarding cell phone triangulation records, cell power date, and social media communications because electronic evidence requires a lot of careful and close analysis.
It requires a person to review things like cell phone call records, text messages, text messaging records, and any type of record of social media communications. To be able to get these records, criminal defense attorneys often have to subpoena cell phone, triangulation records, cell phone data, and other similar information from the actual cell phone carrier. This could take a lot of time and sometimes requires a motion to the court for permission to subpoena these records.
Impact of a Repeated Harassment Offense
The implications of a repeated offense in Fairfield are the same as the implication of a first offense, but it is a lot harder to negotiate with the prosecutor and get the best possible disposition for the potential client that would result in no plea. Typically, the prosecutors would want a person to plead something.
The repeated offense of harassment in the second-degree compared to a first offense is Fairfield is more severe. If someone is a repeat offender for harassment in the second-degree, the prosecutor would be more aggressive in their prosecution of the case, it would be harder to negotiate with the prosecutor, and the court would likely want the person to plead to harassment in the second-degree or some type of a lesser charge. The maximum penalties for second-degree harassment in Fairfield do not change if it is a repeated offense.
Penalties for Harassment in the Second-Degree
Penalties for second-degree harassment in Fairfield are a Class C misdemeanor, which can result in up to 90 days of jail exposure, a $500 fine, and probation. The minimum penalties would be no jail time and a straight plea that does not include any fines or probation. The maximum would be up to 90 days in jail, a $500 fine, and probation. Judges in Fairfield, Connecticut law always issue a criminal protective order against an accused individual in harassment cases that are domestic violence-related. This protects the alleged victim. If an individual wants to know more about the penalties they may face and how to mitigate those penalties, they should get in contact with a skilled lawyer that could help.