What is Criminal Harassment in Massachusetts?

Written By: Matthew W. Peterson

Published: 06/09/2019

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Overview of Criminal Harassment in Massachusetts

Criminal harassment in Massachusetts can be a serious offense and can carry jail time. The law is designed to protect people who are being stalked, even if the actions do not fall under the specific definition of stalking in Massachusetts law. Criminal harassment is a misdemeanor that is generally prosecuted in district court. At the Law Office of Matthew Peterson, we are here to help you when it comes on legal matters.

Elements of Criminal Harassment in Massachusetts

The Commonwealth must show the following elements:

You engaged in a knowing pattern of conduct on at least three separate occasions.
You intended to target a specific person with the harassing conduct on each occasion.
The conduct seriously alarmed the victim.
The conduct would cause a reasonable person to suffer substantial emotional distress.
You committed the conduct willfully and maliciously.

The acts can be electronic as well. You may also be subjected to a harassment prevention order or a restraining order. No-contact orders and other conditions of bail could be imposed on you. If the victim lives with you, you could effectively be evicted from your home.

Penalties for Criminal Harassment in Massachusetts

Criminal harassment in Massachusetts is a misdemeanor on the first offense that can be punished by up to two-and-a-half years in the House of Corrections. If you have a prior conviction for criminal harassment or stalking, the second charge is a concurrent felony that can be either punished by up to two-and-a-half years in jail or ten years in prison if indicted. The penalty for criminal harassment depends on your criminal record and the situation. You should contact a Boston criminal defense attorney to get advice on your exact situation.

Legal Representation

If you’ve been charged with criminal harassment in Massachusetts, you need to hire an experienced criminal defense attorney in Boston MA as soon as possible. Contact us today, and let’s get started on your defense. Our office is located in Boston, Massachusetts, but I handle criminal cases, including larceny, in all Massachusetts courts. Contact me at (617) 295-7500.

Frequently Asked Questions (FAQs) about Criminal Harassment in Massachusetts

1. What is the difference between stalking and criminal harassment in Massachusetts?

Criminal harassment involves a pattern of conduct that causes substantial emotional distress to a specific person, while stalking typically involves a more persistent and threatening pattern of behavior that includes following or monitoring the victim. Stalking is often characterized by an intent to cause fear, whereas criminal harassment may not necessarily involve such intent.

2. Can I be charged with criminal harassment for actions taken online?

Yes, online actions can constitute criminal harassment if they meet the legal criteria. This includes sending threatening messages, engaging in persistent unwanted communication, or posting harmful content about the victim on social media platforms.

3. What should I do if I am falsely accused of criminal harassment in Massachusetts?

If you are falsely accused, it is crucial to gather evidence that supports your innocence, such as text messages, emails, or witness statements. Additionally, hiring an experienced criminal defense attorney can help you navigate the legal process and build a strong defense.

4. How can I defend myself against a charge of criminal harassment?

Defenses against a charge of criminal harassment in Masschusetts may include proving that your actions did not constitute a pattern of conduct, demonstrating that your conduct was not intended to harass, or showing that the victim did not experience substantial emotional distress. Consulting with a skilled attorney can help identify the best defense strategy for your case.

5. Will a conviction for criminal harassment affect my employment opportunities?

Yes, a conviction for criminal harassment in Massachusetts can have significant repercussions on your employment opportunities. Many employers conduct background checks and may view a criminal record unfavorably. It is advisable to discuss potential impacts with your attorney and explore options for expungement or sealing your record if applicable.