Harassment
Harassment can be brought against someone who is angry or makes another person feel threatened. The threat is usually to inflict injury on another person or cause property damage. The threat is usually initiated by the threatened individual, often via a 911 call. However, the criminal charge of Harassment against a defendant brought against the State of Washington (or a city, if the act took place within the city limits) is Harassment. Sometimes law enforcement will respond and make an arrest. However, most people don’t realize they have been charged until they get a summons by mail.
Harassment may be charged as either a Gross Misdemeanor, or as a Crime. The facts and allegations against the accused will determine the charges. These are the elements of Harassment at different levels:
RCW 9A.46.020 (Gross Misdemeanor)
(1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or
(ii) To cause physical damage to the property of a person other than the actor; or
(iii) To subject the person threatened or any other person to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. “Words or conduct” includes, in addition to any other form of communication or conduct, the sending of an electronic communication.
RCW 9A.46.020 (2)(b) (Felony)
A person is guilty of Harassment at the Felony level if the above elements are met, and in addition:
(i) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim’s family or household or any person specifically named in a no-contact or no-harassment order;
(ii) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person;
(iii) the person harasses a criminal justice participant who is performing his or her official duties at the time the threat is made; or
(iv) the person harasses a criminal justice participant because of an action taken or decision made by the criminal justice participant during the performance of his or her official duties. For the purposes of (b)(iii) and (iv) of this subsection, the fear from the threat must be a fear that a reasonable criminal justice participant would have under all the circumstances. Threatening words do not constitute harassment if it is apparent to the criminal justice participant that the person does not have the present and future ability to carry out the threat.
There are many ways to resolve a Harassment charge
Harassment cases are dealt with in the District, Municipal Court, and Superior Courts. Gross Misdemeanor Harassment cases are dealt with in the District or Municipal Courts. These lower Courts provide more options than just going to trial or pleading guilty to resolve Harassment cases. Superior Court handles Harassment cases at the Felony Level. Although the options available in Superior Court are not the same as those in District or Municipal Courts, there are still many ways to resolve Harassment cases that can hopefully avoid Guilty.
At the Misdemeanor Level:
Pre-Trial Diversion Agreements (or PDAs) are common in most jurisdictions. These agreements are basically a contract between the Defendant or the Prosecuting Authority. This type of Diversion Agreement does not give a defendant a sentence. The Court approves the contract between the Prosecutor and the Defendant. The Harassment case will be dismissed if the defendant follows the terms of the contract. The case is usually dismissed after a lengthy continuance. If all terms have been met, there will never be a conviction.
Another option is to enter into a Compromise for Misdemeanor. This is when the defense attorney for a defendant gets a signature of the victim on a document which states that the victim has waived any civil litigation against him and that he wishes that the defendant not face prosecution. This is the fastest and most cost-effective way to get a Harassment case dropped.
A defendant can refuse to resolve Harassment by a Diversion (PDA), or a Compromise. They always have the right of going to trial. A defendant can ask the Prosecutor at trial to prove all elements of the Harassment charges beyond reasonable doubt.
If none of these options seem like a good fit, a defendant can always set the matter for trial to force the Prosecuting attorney to prove Harassment beyond reasonable doubt.
At the Felony level
Although options at the Felony level are more limited than at the Misdemeanor, there are still many alternatives. Felony Diversion is often the best way to resolve these cases. Felony Diversion, in a nutshell is when the defendant agrees to enter into a contract where they pay restitution and do community service, while remaining free from criminal activity.
Drug Court can be an option if a drug addiction is a contributing factor to criminal behavior.
Behavioral Health Court might be an option if mental health problems were a contributing factor to the crime. The BHC can also be completed successfully and the charges will be dropped.
A good defense attorney might be able convince the Prosecuting Agent to reduce the Felony Level Level Harassment to a Minor Harassment. This is usually in return for a plea. If none of these options seem like a good fit, a defendant can always set the matter for trial to force the Prosecuting attorney to prove the entire crime beyond reasonable doubt.