Alabama Criminal Harassment Lawyer

Criminal Harassment Lawyer in Alabama

If you need a criminal harassment lawyer in Alabama, start with what the charge means. Whether you are facing harassment charges or want to know how to press harassment charges against someone who went after you, this page covers both sides. State law sets out two harassment offenses, and each one has its own penalty. In Alabama, harassment is a Class C misdemeanor. A conviction can mean up to three months in jail and a fine of up to $500.

What Are the Two Types of Harassment in Alabama?

The state's harassment law covers two offenses: harassment and harassing communications. Both are Class C misdemeanors. Under the state's misdemeanor sentencing rules, that means up to three months in county jail or hard labor. The maximum fine is $500, or double the gain or loss caused by the offense.

Both offenses share the same penalty range, but they cover very different conduct:

• Harassment means physical contact, abusive or obscene language, or threats aimed at another person. The defendant must act with intent to harass, annoy, or alarm. Common fact patterns include shoving matches, unwanted grabbing, or spoken threats made face to face.
• Harassing communications covers phone calls, texts, email, mail, and other written messages sent with intent to harass or alarm. Common examples include repeated anonymous calls, threatening texts, or obscene voicemails.

People often search for "misdemeanor harassment" or "first degree harassment" in Alabama. The state does not sort harassment into degrees. Both offenses in the statute are Class C misdemeanors. There is no separate "aggravated harassment" law here. But harassment can rise to a felony when the conduct turns into stalking.

Stalking in the first degree happens when a person follows or harasses another on purpose, again and again. The person must also make a threat, express or implied, with the intent to place that person in reasonable fear of death or serious bodily harm. That is a Class C felony. If you are looking for an aggravated harassment defense attorney, know that state prosecutors may charge stalking instead of an "aggravated" harassment offense.

How the Crime of Harassment Is Defined

The legal definition of harassment starts with intent. The person must mean to harass, annoy, or alarm someone else. If the act was an accident, a joke, or done without knowing the alleged victim was there, that intent may be missing.

When that intent is present, the statute reaches this conduct:

• Strikes, shoves, kicks, or otherwise touches a person or subjects them to physical contact
• Directs abusive or obscene language toward another person
• Makes an obscene gesture toward another person

The statute also covers threats. A spoken or unspoken threat made with the intent to carry it out counts as harassment. It must make a reasonable person fear for their safety.

Harassment cases with physical contact often grow out of arguments that turn physical. A push during a dispute, a grab during a confrontation, or an unwanted touch can all count. When the contact causes injury, the state may file an assault charge instead.

When the alleged victim is a household member, spouse, former spouse, or someone in a dating relationship with the accused, prosecutors may charge domestic violence in the third degree instead. That raises the offense to a Class A misdemeanor, a second conviction carries a mandatory 10 days in jail, and a third or subsequent conviction is a Class C felony. A domestic violence label also brings added effects. It can set off protection order proceedings too.

Harassing Communications: Calls, Texts, and Letters

For harassing communications, the intent rule is close to the one for harassment, but not the same. To be convicted, the person who sends the message must mean to harass or alarm someone. Annoyance is left out of this one.

Several acts count as harassing communications:

• Messages sent by phone or electronic communication in a way that is likely to harass or alarm
• Messages sent by mail or in writing in a way that is likely to harass or alarm
• Phone calls placed with no legitimate purpose
• Phone calls about another person that use lewd or obscene words

Both sides of a harassing communications charge need to know what it involves. Phone harassment charges are one of the most common forms of this offense. The statute covers anonymous calls, repeated calls at unreasonable hours, and calls made with no legitimate purpose. Texts, emails, and social media messages fall under the statute too, when sent with intent to harass or alarm.

Each message can be charged as its own offense. A run of threatening texts could bring several separate Class C misdemeanor charges. Each charge carries its own possible sentence.

Common defenses start with lack of intent. The messages may have had a legitimate purpose. Mistaken identity also comes up, above all with hidden online accounts. The line between rude speech and criminal harassment matters too. The statute itself leaves out legitimate business phone calls.

How an Alabama Harassment Attorney Can Help

A criminal harassment lawyer works the case at every stage, starting before charges are ever filed. Sometimes defense counsel can reach the prosecutor's office early, while police are still looking into the case. They can lay out facts that may stop charges before they start.

Once charges are filed, defense work typically follows this path:

• Bond and release – A lawyer can argue for fair bond terms at the first court date. That helps the accused stay out of jail while a misdemeanor case is pending.
• Pretrial motions – Defense counsel may move to dismiss for insufficient evidence if the state cannot show intent. In phone and text cases, a motion to suppress badly obtained phone records may also apply.
• Negotiation – Many harassment cases end in a deal. A lawyer may ask for pretrial diversion where it is offered. They may seek a cut to a lesser charge. Or they may trade a dismissal for terms like a class or a no-contact order.
• Trial – If the case goes to trial, the state must prove every element beyond a reasonable doubt. The intent rule gives the defense a real way to fight the charge.

Polson & Polson, P.C. handles Alabama criminal defense, including harassment and harassing communications charges. Lawyers that deal with harassment cases know these charges are only misdemeanors on paper: they can touch your job, your housing, and your close relationships for years.

Penalties and Sentencing for Harassment in Alabama

Both offenses are Class C misdemeanors under Alabama law. The statute sets these ranges:

• Jail time – Up to three months in county jail or hard labor
• Fines – Up to $500, or double the gain or loss caused by the offense
• Probation – Courts may order probation instead of jail, often with terms like a no-contact order

Can you go to jail for harassment? Yes. Many first-offense cases end in probation or fines rather than jail time, but jail is still the judge's call.

The added effects reach past the sentence itself. A harassment conviction leaves a criminal record that can show up on background checks, and that can hurt job applications, professional licensing, and housing applications. For non-citizens, it can reach their immigration status. Gun rights may also be at risk if the case carries a domestic violence label.

When the conduct repeats and brings threats of death or serious bodily harm, prosecutors may charge first-degree stalking. That is a Class C felony with much harsher penalties. Second-degree stalking is a Class B misdemeanor. A second or subsequent violation becomes a Class C felony. Because a case can grow this way, early legal help matters.

How to Press Harassment Charges in Alabama

Many people search for how to press harassment charges but do not know where to start. In Alabama, a private citizen does not "file" criminal charges. The process runs through law enforcement and the prosecutor's office.

Here is what filing harassment charges usually looks like:

1. Document the conduct. Save every text, voicemail, email, and social media message. Note dates, times, and what took place in person. Keep names and contact details for witnesses.
2. Report it to local law enforcement. File a report with your city police or the sheriff's office. Hand over what you saved. Officers look into it and send what they find to the prosecutor.
3. The prosecutor decides whether to charge. The district attorney's office reads the evidence and decides whether to file formal charges. Your help matters, but that choice rests with the prosecutor.
4. Think about a protection order. You may ask for one if the alleged harasser is a current or former spouse, a household member, or someone with whom you share a child. The same goes if you have or had a dating relationship with the person. A protection order – often called a restraining order – falls under the Protection From Abuse Act. It is a civil remedy that can bring fast relief while the criminal case moves ahead.
5. What comes next. The accused gets a warrant or a summons and appears for arraignment in district court. The case then moves through the court system.

Both sides gain from knowing their rights. Personal harassment lawyers can walk a victim through the steps, while defense attorneys guard the rights of the person charged.

Defenses to Alabama Harassment Charges

Several defense plans fit harassment and harassing communications charges. The right one depends on the facts.

Lack of intent. The state must prove the defendant acted with intent to harass, annoy, or alarm. An accident, a joke, or a message the sender never knew would reach the alleged victim may not meet that test.

First Amendment protection. Not all offensive speech is a crime. Speech that is rude, annoying, or political may be shielded by the First Amendment. To lose that shield, it must be a true threat or fighting words. Courts weigh whether the speech fits a known exception to free speech.

Mistaken identity. In phone and online cases, naming the sender can be hard. Anonymous accounts, spoofed numbers, and shared devices can all raise reasonable doubt about who sent a message.

Consent or mutual communication. If both people were in the same argument or a running exchange, that context may weaken the claim that one side's messages were unsolicited harassment.

Insufficient evidence. The state must prove every element beyond a reasonable doubt. Deleted messages, no witnesses, and a complainant whose story shifts can all weaken the state's case.

These defenses apply whether the harassment charge is a plain one or conduct someone calls aggravated. An aggravated harassment defense lawyer weighs the evidence and picks the plans that fit the facts.

Talk to a Defense Attorney About Your Harassment Charge

Harassment charges carry real weight. A conviction can mean up to three months in jail, fines, and a record that follows you for years. Calling a criminal defense attorney early may let them step in before charges are filed, and that can change the whole path of a case.

Polson & Polson, P.C. offers free consultations for people facing harassment or harassing communications charges in Alabama. Payment plans are available. Call (205) 871-8838 or use our contact page to set up a time. Find out what options the facts of your case may open up.

Frequently Asked Questions About Alabama Harassment Charges

Can You Go to Jail for Harassment in Alabama?

A person can go to jail for harassment in Alabama. Harassment is a Class C misdemeanor. A conviction can mean up to three months in county jail. Whether a court orders jail time depends on the facts, the defendant's prior record, and other details. Many first-offense cases end in fines or probation, but jail is still the judge's call.

What Is the Difference Between Harassment and Harassing Communications in Alabama?

Harassment involves physical contact such as striking, shoving, kicking, or touching. It also covers abusive language, obscene gestures, or threats aimed at another person. Harassing communications covers phone calls, texts, mail, or other written messages sent with intent to harass or alarm. Both are Class C misdemeanors under the same statute, but they cover different conduct.

How Do You Press Harassment Charges Against Someone in Alabama?

Start by writing down the harassment. Save messages, note dates and times, and gather witness names. Then file a report with your local police department or the sheriff's office. The prosecutor's office reads the evidence and decides whether to file formal charges. A private citizen does not file criminal charges in Alabama.

Is Harassment a Felony or Misdemeanor in Alabama?

Harassment and harassing communications are both Class C misdemeanors. But if the conduct repeats and brings threats of death or serious bodily harm, prosecutors may charge first-degree stalking. That is a Class C felony. The line depends on the pattern and how bad the conduct is.

Can You Be Arrested for Phone Harassment in Alabama?

A person can be arrested for phone harassment in Alabama. Phone harassment falls under the harassing communications part of the statute. Calls made with no legitimate purpose count, and so do anonymous calls meant to harass or alarm. Lewd or obscene words over the phone can lead to arrest and charges. Each call could be charged as its own offense.