Stalking or Harassment in PA is a serious summary, misdemeanor or felony offense. It can be considered a crime of violence for employment purposes. They are often charged together although they are different laws. So with this page, we will go over both. It just sounds nasty on your criminal record. A conviction for the crime is like a diamond, it lasts forever. You have to be extremely careful with who you pick to handle this case because picking wrong can ruin your life. When people ask “Who is the best Stalking or Harassment attorney near me?” The people have spoken, it’s The McShane Firm
Professional, Reliable, and Trustworthy
I reached out to a few different firms after receiving my court details in the mail, but I quickly realized that the McShane firm felt the most consistent and genuinely interested in my case. They’re very passionate about getting you the best results, and communication with attorney Corey Fahnestock was quick and easy. Both attorney Corey Fahnestock and Cassandra Frantz were very helpful and informative as they were consistently updating me whenever a delay or change in terms would occur. Worth every dollar! I highly recommend Corey Fahnestock for anyone serious about seeking true justice!
Anonymous
Justin McShane and his firm are the best in the nation. They handle and win the toughest cases on a regular basis. Justin and his wife are not only trial lawyers but they are also scientist. When a lawyer can combine this type of knowledge, tenacity and trial skills…it’s a work of art. If they will take your case, you are very lucky. When you can’t afford to lost, you call the McShane firm.
M.T.
I cannot thank them enough for the outcome of my case. Attorney Tim Barrouk was dealing with a client who was on edge, never been arrested, and didn’t trust him 100% in the beginning, but he came recommended so he was my lawyer. I remember offering to hire a second attorney to help and he reassured me he had it under control. After a while it appeared I made a great choice. He knew the pros & cons of every judge my case was assigned to, he knew when to talk and when to listen in court, he didn’t let me take a bad deal, never pressured me, and responded to every text or call I ever placed to him. Cathi Lee kept me updated on where to be and when to be there. and was always available also. I was facing an Aggravated Assault charge causing serious bodily injury, simple assault, unlawful restraint, and 4 other misdemeanor charges and facing up to 10+ years in state prison. I never denied what I did and there was even video of me doing it. At the end of the day, All my charges were dropped and replaced with one summary offense of disorderly conduct and I was sentenced to pay a $25 fine plus court costs. Tim was always honest, and even told me flat out, these charges fit what you did but your case is triable and we’re gonna work for the best outcome. There were no promises or bs, just facts and business. Thank you Tim and the rest of The McShane Firm for getting me justice and not letting me get lost in the system.
D.W.
When selecting which attorney to hire, please consider:
- Can you call anytime and talk to a live person?
- Do they offer payment plans with no credit checks?
- Will your attorney be attentive and explain what’s going on?
At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.
The Law of Stalking
You can read the exact law here: Stalking 18 P.S. 2709.1
What the government needs to prove for Stalking in PA:
Stalking is a very simple statute, but the devil is in the details. As we will see.
Remember at all times, if the government has charged you with any crime including stalking, you are innocent in the eyes of the law. Before you start the eternal you are Not Guilty. You remain that way unless the government can present a mountain of evidence proving your guilty beyond a reasonable doubt. In order to convict you the government must prove the following:
- the accused
- engaged in a course of conduct or
- repeatedly committed acts toward another person, including following the person without proper authority,
- under circumstances which demonstrated either
- an intent to place such other person in reasonable fear of bodily injury or
- to cause substantial emotional distress to such other person;
- under circumstances which demonstrated either
or
- the accused
- engaged in a course of conduct or
- repeatedly communicated to another person
- under circumstances which demonstrated or
- communicated either
- an intent to place such other person in reasonable fear of bodily injury or
- to cause substantial emotional distress to such other person.
What is The McShane Difference?
- We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
- We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
- We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.
Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.
What is bodily injury for purposes of Stalking in PA?
The law reads as follows:
“Bodily injury.” Impairment of physical condition or substantial pain.
I know what you’re thinking “What the heck does that mean?”
It means whatever a jury wants it to mean. This is where having the right attorney who can explain how your conduct doesn’t fit the crime can make all of the difference.
What constitutes a course of conduct for stalking:
The law reads as follows:
“Course of conduct.” A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening or obscene words, language, drawings, caricatures or actions, either in person or anonymously. Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.
What is with intent mean for Stalking?
We find the definition of recklessly at 18 P.S. 302.
A person acts intentionally with respect to a material element of an offense when:
(i) if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and
(ii) if the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.
But what does that mean? Well the best way to explain it is by what it is not. Intentional behavior is more than knowing, reckless and more than mere negligence.
To put it simply:
- Intentional means that you are aware of what you are doing and do it on purpose for its intended aim.
- A person acts knowingly when he acts with the certainty that a certain result will follow from his actions.
- A person acts recklessly if the person does not know for sure that a specific result will follow. Recklessness means that you knowingly take a risk.
- Negligence occurs when a person unknowingly takes a risk that they should have been aware of..
So in the real world, it means whatever a jury wants it to mean. This is where having the right attorney who can explain how your conduct doesn’t fit the crime can make all of the difference.
Maximum Penalties for Stalking
For a first offense for Stalking, the crime is a misdemeanor of the first degree. All M1s in PA have a maximum punishment of jail not to exceed five years and a maximum fine of not more than $10,000.00
Our Clients are entitled to a Bill of Rights which states:
- Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
- Our clients have the right to expect plain speaking, straight shooting. No B. S.
- Our clients have the right to expect us to do it right the first time, every time.
- Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
- Our clients have the right to expect that they will be fully informed at all times.
This is our promise to you. Call today to get us on your side: (717) 657-3900.
For any additional convictions “involving the same victim, family or household member, including, but not limited to, a violation of section 2701 (relating to simple assault), 2702 (relating to aggravated assault), 2705 (relating to recklessly endangering another person), 2718 (relating to strangulation), 2901 (relating to kidnapping), 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), an order issued under section 4954 (relating to protective orders) or an order issued under 23 Pa.C.S. § 6108 (relating to relief) shall constitute a felony of the third degree.”
All Felonies of the third degree in Pennsylvania have a maximum punishment of jail not to exceed seven years and a maximum fine of not more than $15,000.00
Felony Conviction Consequences in Pennsylvania
The Law of Harassment
You can read the exact text of the Harassment law here: 18 P.S. § 2709. There are two charges as part of this crime. The difference as we shall see is one involves cyberbullying. The other is “traditional” harassment.
What the government needs to prove:
Harassment is a either a summary violation or a misdemeanor depending on the circumstances.
Is a summary offense the same as a misdemeanor?
Traditional Harassment
Remember at all times, if the government has charged you with any crime including harassment, you are innocent in the eyes of the law. Before you start the eternal you are Not Guilty. You remain that way unless the government can present a mountain of evidence proving your guilty beyond a reasonable doubt. In order to convict you the government must prove the following:
- the accused
- with intent to harass, annoy or alarm another, the person:
- strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
- follows the other person in or about a public place or places;
- engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
- communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;
- communicates repeatedly in an anonymous manner;
- communicates repeatedly at extremely inconvenient hours; or
- communicates repeatedly in a manner other than specified in paragraphs (4), (5) and (6).
Cyber harassment of a child.
In order to convict you the government must prove the following beyond a reasonable doubt:
- the accused
- with intent to harass, annoy or alarm,
- the person engaged in a continuing course of conduct of making any of the following by electronic means
- directly to a child or
- by publication through an electronic social media service:
- seriously disparaging statement or opinion about the child’s physical characteristics, sexuality, sexual activity or mental or physical health or condition; or
- threat to inflict harm.
What does “seriously disparaging statement or opinion” for cyberbullying/cyber harassment of a child mean?
The exact definition under the law is as follows:
“Seriously disparaging statement or opinion.” A statement or opinion which is intended to and under the circumstances is reasonably likely to cause substantial emotional distress to a child of the victim’s age and which produces some physical manifestation of the distress.
Maximum Penalties for Harassment
If the conviction is for one of these alternatives:
- strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
- follows the other person in or about a public place or places;
- engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
it is a criminal conviction called a summary offense. It goes on your criminal record. All Crimes Code summary offenses have an authorized maximum jail sentence not to exceed 90 days. The maximum fine is $300.00
If the conviction is for one of these alternatives
- communicated to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;
- communicates repeatedly in an anonymous manner;
- communicated repeatedly at extremely inconvenient hours; or
- communicated repeatedly in a manner other than specified in paragraphs (4), (5) and (6).
- cyber harassment of child
it is a misdemeanor of the third degree. All M3s are punishable by a term in jail not to exceed one year and a maximum fine not to exceed $2500.00
If you have a prior conviction under one of these circumstances
- strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
- follows the other person in or about a public place or places;
- engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
the grading of an offense shall be enhanced one degree if the person has previously violated an order issued under 23 Pa.C.S. § 6108 (Protection from Abuse) involving the same victim, family or household member.
Lifelong considerations
Beyond the instant concerns you likely have about jail, probation, fines and costs, you need to be aware of Misdemeanor Conviction Consequences in Pennsylvania.
