Aggravated Harassment
Arizona defines harassment as conduct that is directed at a specific person that would cause a reasonable person to be seriously alarmed, annoyed, humiliated, or mentally distressed, in which the conduct does in fact seriously alarm, annoy, humiliate, or mentally distress the person. Harassment may be charged as a class 1 misdemeanor or a class 5 felony.
However, a person commits aggravated harassment, according to A.R.S. 13-2921.01, if any of the following apply at the time of the offense:
- A court has issued an order of protection in favor of the victim of harassment, the order was served on the offender of the harassment, and the order was valid at the time of the offense.
- A court has issued an injunction against harassment in favor of the victim of harassment, the order was served on the offender of the harassment, and the order was valid at the time of the offense.
- A court has issued any criminal-related injunction as allowed by law in favor of the victim of harassment, the order was served on the offender of the harassment, and the order was valid at the time of the offense.
- A court has issued an emergency order of protection in favor of the harassment victim and the order was still in place at the date of the offense.
- The offender has been previously convicted of domestic violence against the victim of harassment.
- A court has imposed a condition of release on the person that prohibits any contact with the victim of harassment and the court order was still in effect on the date of the offense.
Penalties for Aggravated Harassment
A person who harasses a victim that has an active and valid protective order or injunction in favor of them, and against the offender, can be charged with a class 6 felony. First-time offenders can expect up to 2 years of incarceration.
A person who commits the above offense for a second or subsequent time, or who has previously been convicted of domestic violence against the victim of harassment, can be charged with a class 5 felony. First time offenders can expect up to 2.5 years of incarceration.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.