Nashville Harassment Defense Lawyer

A number of acts constitute domestic violence, including harassment, stalking, and domestic assault. Simply being accused of domestic violence can have a negative impact on your life, including requiring you to remain in prison for 12 hours until a judge approves your release. Even if domestic violence charges are unfounded, they should still be taken seriously.

Serious charges call for serious representation, and that is what you will find when you retain the legal services of Andrew C. Beasley, PLLC. Our legal team will do everything it takes to keep you out of prison and to preserve your reputation.

What Acts Constitute Harassment?

Tennessee law defines harassment as any repeated conduct that would cause a person emotional distress. The communication often involves threats, but it can also be intended to threaten, alarm, annoy, or offend the recipient.

The victim must not have consented to the offender’s actions. Behavior that constitutes harassment can include repeatedly sending text messages, intimidating phone calls, or threatening emails.

If you knew that your actions would likely frighten the person, you could be found guilty of harassment. Both harassment and stalking are similar offenses, so in many circumstances, it is possible to be charged with both.

Harassment Penalties

Causing the victim emotional distress through repeated conduct constitutes a Class A misdemeanor. The most serious type of misdemeanor under Tennessee law, you could be imprisoned for up to one year and fined $2,500.

If you committed a criminal offense and then attempted to communicate with the victim of that crime, you could be charged with harassment. If the victim died as a result of the crime and you make contact with any of the person’s family members, this is also considered harassment. Both situations are a Class E felony, punishable by one to six years in prison and a fine of $3,000.

Affirmative Defenses

An affirmative defense is a defense that will negate the defendant’s criminal liability. While the defendant is not denying that the action took place, there are factors that may provide a justification for his or her behavior.

Two affirmative defenses that may be available in a harassment case include:

The Victim Consented

A domestic violence charge is based on the victim not consenting to the defendant’s actions. If the defense can provide evidence demonstrating the victim did consent, then the charges will likely be dismissed.

You Were Intoxicated

A harassment charge involves a defendant communicating with another person with a certain intention. Along with intention, the offender must be performing the acts knowing that a certain result will occur.

If the individual was inebriated, this reduces the crime from a specific intent to general intent crime. Hence, the requirement of intent would not be satisfied, meaning that a harassment charge would probably not apply in your situation.

Speak with a Nashville Harassment Defense Lawyer Today

No one should attempt to represent themself when facing a harassment charge. If you are up against harassment allegations, you need to speak with our Nashville, Tennessee, harassment lawyer today. To schedule your free consultation, contact the office by calling 615-894-6753 or by completing our online contact form.