Greenwich Second-Degree Harassment Defense Strategies

When someone alleges that another person sent them a letter or made multiple repeated phone calls and they do not have the letter or phone records in support of their claim, their case is weaker and may indicate that the person is not telling the truth or is exaggerating the events.

By providing a statement or piece of evidence that could support Greenwich second-degree harassment defense strategies, could provide the perception that the accused is credible and trustworthy. As an established second-degree harassment attorney knows, credibility can go a long way to help the case be dropped or dismissed.

Challenging Second-Degree Harassment Charges

One defense strategy for second-degree harassment charges in Greenwich is when the prosecution bases the allegations of their prosecution on the content of the communication. A defense attorney could attempt to show that the content of a communication is not a true threat and does not fall under the prohibited action. They might show that the person being accused did not intend to harass the other party.

Often, attorneys use Greenwich second-degree harassment defense strategies that show the alleged communication was benign and not intended to harass. The defense attorney may show the communication between the two parties in the past was done in the same manner that is currently being prosecuted with both parties reciprocating back and forth. The technique is helpful to take away the state’s leverage.

How Will the Prosecution Try to Prove Harassment?

The prosecution must prove the person intended to harass, annoy, or alarm another and communicated with them in a way that likely caused annoyance, alarm or a feeling of being harassed. The state does not have to prove any intent to cause emotional harm; it is not part of the statute.

The statute only says that the individual had the intent to harass, annoy, or alarm someone. If the person does suffer from emotional harm, the state may use that to make their case stronger and show the intent to harass was there because the alleged victim suffered emotional harm.

Influence of Physical Evidence

Evidence may be used to support both the prosecution and Greenwich second-degree harassment defense strategies. The presence of physical evidence makes the state case stronger if it shows the person being accused made multiple communication attempts and harassed the other person. When the physical evidence shows that the accuser also sent multiple communications, that might help a defendant.

Possible Protection From the First Amendment

The First Amendment does not protect speech that is considered a true threat. If a person has a one-time interaction with someone else and calls them a name or says something rude to them, that speech is protected by the First Amendment in nearly all instances. A person cannot be arrested for harassment in the second-degree based on that kind of speech.

If an individual makes a threat to someone and could act on that threat, that is considered a true threat and is not protected by the First Amendment. In that situation, the person could be arrested for second-degree harassment and it would not be protected speech.