Defending the Criminal Case in Utah
Electronic communication harassment, sometimes called “telephone” harassment, is a serious criminal charge punishable by up to six months in jail, a year in jail, or even five years in prison depending on the specific circumstances of the case. If you are facing criminal prosecution for electronic communication harassment or other criminal charges, you need an experienced Utah criminal defense attorney.
Penalties for Conviction
If committed against an adult, electronic communication harassment is charged as a class B misdemeanor for a first offense (six months in jail as a maximum sentence). A second offense or a first offense committed against a minor is charged as a class A misdemeanor (one year in jail as a maximum sentence).
The best defense attorneys ask questions that police don’t.
Electronic communication harassment becomes a third degree felony (0-5 years in prison possible) if a person has a prior conviction involving a minor, or if it is the person’s third offense. The offense can also be charged as a domestic violence offense under some circumstances.
Allegations Constitution Electronic Communication Harassment
A typical charge of electronic communication harassment involves allegations that a person has repeatedly contacted another person via an electronic form of communication, particularly after they have been told not to contact that other person, with the “intent to annoy, alarm, intimidate, offend, abuse, threaten, harass, frighten, or disrupt the electronic communications of another.”
Electronic communication harassment can also be charged for a single incident if the person “insults, taunts, or challenges the recipient of the communication or any person at the receiving location in a manner likely to provoke a violent or disorderly response;” or “threatens to inflict injury, physical harm, or damage to any person or the property of any person.”
A good attorney will talk with you about how your case can affect your job, education, family, and future.
More rare, but still covered under the crime of electronic communication harassment is an allegation that a person has caused “disruption, jamming, or overload of an electronic communication system through excessive message traffic or other means utilizing an electronic communication device.”
Historically, the form of electronic communications available to most people was the telephone, and this offense was referred to as “telephone harassment.” As technology has advanced, the legislature has broadened the scope of the criminal code to include other forms of electronic communications email, fax, texting, smart phone messaging, and pager communication as well as traditional telephone communication.
Finding the Right Utah Defense Attorney
If you have been charged with telephone harassment or electronic communication harassment, you should have an experienced criminal defense lawyer on your side. Contact us today to see the difference the right attorney can make in your case.
Understanding your goals is the first step to developing the best defense strategy.