Expert Legal Defence for Stalking and Harassment Charges
Facing allegations of harassment or stalking is a serious matter, and if you or someone you know is facing claims of this nature it's crucial to seek legal help immediately. Stalking behaviour can range from seemingly innocent actions, such as sending gifts or loitering near someone's home, to more overt threats and actual physical attacks, whilst harassment covers a wide range of behaviours. At Draycott Browne, we have a team of experienced solicitors who understand the complexities of stalking and harassment cases and are here to provide you with comprehensive advice in the face of allegations such as these.
What is stalking?
Stalking, as defined under the Protection of Freedoms Act 2012, encompasses conduct that causes another person fear or alarm. There are two differing stalking offences under the Act; the first involves “a course of action that amounts to stalking”, and the second has two parts – “stalking involving fear of violence” and “stalking involving serious alarm or distress”. There is no definitive legal definition of stalking, but this conduct can include following someone, contacting them repeatedly, interfering with their property or spying on them. Additionally, stalking by proxy occurs when this behaviour is also aimed at the family or friends of the victim.
It's important to note that stalking behaviour can extend to online platforms, known as cyber-stalking. Our solicitors have the expertise to navigate these complexities and build a strong defence tailored to your case.
In stalking cases, the prosecution must prove that there was a course of conduct amounting to harassment or stalking, causing the victim fear or distress. Where this can be proven, a range of penalties may apply, including a custodial sentence. Our solicitors will carefully examine the evidence against you and challenge any weaknesses in the prosecution's case; we understand that every situation is unique, and we will tailor our approach to fit your specific circumstances.
What is harassment?
Harassment under UK law, as defined by the Protection from Harassment Act 1997 (PHA), is like stalking in that it occurs when a person's behaviour causes distress or alarm to another individual. There are many behaviours that might fall under this act, including offensive or derogatory communication via texts, voicemails, letters, or emails, as well as abusive comments or threats, whether in person or online. Harassment may also include sending unwanted gifts, purposely following or standing too close to someone to make them uncomfortable, loitering outside their home, or driving past it repeatedly. We quite often see allegations of harassment arising during the breakdown of, or at the end of a relationship. In cases where a victim believes that violence may be used, the offence becomes more serious, and a more severe penalty may be applied.
If found guilty of stalking or harassment offences, the impact will be significant and hugely detrimental. In addition to the risk of a custodial sentence, a restraining order can be imposed on a defendant, whether they are convicted or acquitted, so it’s vital that you seek legal advice at an early stage when harassment or stalking is being alleged.
Why choose Draycott Browne?
Here at Draycott Browne, we understand that the potential consequences of charges of stalking or harassment can be severe and will have a negative impact on your life. If you're facing allegations such as these, you need to seek the best legal representation available to you as soon as possible. Penalties include substantial fines or even a lengthy prison sentence, so it’s crucial to find the right defence team to safeguard your rights and help you navigate the criminal justice system.
Our Stalking and Harassment Solicitors have extensive knowledge of, and experience in, defending clients and have a wealth of expertise at our fingertips. We offer expert legal advice and representation, and we will ensure that your rights are protected at every stage of any legal proceedings – from the moment of arrest through to court proceedings, we will tirelessly advocate on your behalf to achieve the best possible outcome for your situation. Contact our Criminal Defence Lawyers today to see how we can help you take your first step towards building a robust defence against stalking or harassment allegations.
How are stalking and harassment charges defended?
If accused of stalking or harassment, individuals have several potential defences under the law. Firstly, harassment may not apply if the behaviour was pursued to prevent or detect crime, was authorised by a rule of law, or if it was deemed reasonable in the circumstances. The defence of 'reasonableness' is often used in cases such as this, where the accused may argue that their actions were justified, such as seeking contact with shared children or responding to perceived harassing behaviour from the victim. A court will usually examine the behaviour in question and will seek to determine whether a reasonable person would respond in a similar way in the same circumstances. If you feel like you have been unfairly accused of a stalking or harassment offence, and you want to fight the charges against you, get in touch with us today. Our criminal defence team will listen to your side of the story, examining all the facts, and will work to build the best defence case available to you based on your testimony and the available evidence.
What will happen if i’m found guilty of stalking or harassment charges?
If you are found guilty of stalking or harassment, the penalties will vary depending on the severity of the offence, and the court will also consider any aggravating or mitigating factors involved. For harassment or stalking offences without fear of violence, the maximum sentence is six months in custody, but this increases to two years if the offence is considered to be racially or religiously aggravated. However, if the offence is deemed to have put the victim in fear of violence, or has caused serious alarm or distress, the maximum sentence is 10 years in custody, rising to 14 years if racially or religiously aggravated. The sentence will be determined based on the offender's culpability and the harm that their actions have caused to the victim. Factors such as the offender's previous convictions, the vulnerability of the victim, and the impact on others, especially children, may aggravate the sentence. Equally, factors like whether the offender shows remorse, is of previous good character, or whether they have any mental health issues that need to be taken into consideration may mitigate the severity of the sentence. Where a defendant accepts their part and chooses to plead guilty, they may receive a reduced sentence.
In addition to a custodial sentence, the court will also consider whether it is appropriate to make a compensation order in instances where damage, personal injury or loss has occurred as a result of the offence. They may also choose to make a restraining order to protect the victim from any further behaviour from the offender that might cause further harassment or fear, including fear of violence.
If you are concerned about the potential effect on your life in relation to charges of stalking or harassment you may be facing, talk to one of our experienced criminal defence lawyers about the facts of your case. They will be able to tell you the penalties that you may be facing and examine the best way to prepare a robust defence strategy.
Contact our Stalking and Harassment Solicitors
If you're facing allegations for Harassment or Stalking, it is crucial to seek the best legal representation available to you as soon as possible. The consequences of such charges can be significant, including substantial fines or even a lengthy prison sentence. Finding the right defence team to protect your rights and help you navigate the criminal justice system is paramount.
Our Stalking and Harassment Solicitors are well-versed in defending clients and have extensive knowledge and expertise at their fingertips. We offer expert legal advice and representation, ensuring that your rights are protected at every stage of the legal proceedings. From the moment of arrest to court proceedings, we will tirelessly work on your behalf to achieve the best possible outcome for your case.
Our General Crime Solicitors will provide you with a bespoke and personalised service, tailored to your specific needs, to ensure that you receive the best possible defence. We will guide you through the complex legal process, explaining each step along the way, and answering any questions you may have.
Contact us today to take the first step towards building a robust defence against these accusations and to receive the support and guidance you need during this challenging time.