Category Archives: Personal Injury

Defense Against Harassment Charges

What is Harassment?

defense for harassment chargesCriminal harassment is defined as a pattern of harassing actions against a specific individual. A single act of harassment does not necessarily constitute criminal harassment. However, depending on the severity and the situation, a single act of harassment could potentially lead to charges of criminal harassment.

False harassment charges occur all too often. A false charge can cause serious damage to your reputation and career. An experienced lawyer can help you defend yourself against false allegations. Here are some things to know about building a strong defense against false harassment charges.

What to Do When You Are Falsely Accused of Harassment

There is a difference between harassing someone online and making a complaint against them. A false accusation of harassment could lead to serious consequences. There are many ways to defend yourself against a false allegation of harassment:

Understand the Penalties

Don’t assume that just because an accusation is false, others won’t believe it. Take the accused’s claim seriously. North Carolina recognizes both misdemeanor and felony harassment.

Stay Away from the Accuser

Do not confront the accuser. A confrontation will lead to an escalation of the situation. Avoid any contact with the accuser unless there is a legal requirement. Witnesses should always be present during conversations with accusers.

Write Down a Detailed Account of Events and Witnesses

When building a strong defense, gathering evidence that discredits the accuser’s case is key. A written timeline of events detailing exactly what took place, who did what, where things occurred and when can help strengthen your defense. Character witnesses may also be helpful in defending against a false harassment charge.

Witnesses are people who saw what happened. They could be friends, family members, coworkers, or others. A good alibi and witness account will help you clear yourself of any wrongdoing.

Contact an Attorney

An attorney can help you build a strong case against your accuser. A good attorney should be able to help you navigate through any type of harassment claim. An attorney can provide advice about how to deal with the accusations and what steps to take to prevent further problems.

Having an experienced attorney can help you feel less stressed and anxious about the future. An attorney will help you understand the law and how it applies to you. A good lawyer will keep you informed about the progress of your case.

Defending Against Harassment Charges

There are many different ways to harass someone, including cyberbullying, stalking, or even just making annoying phone calls. People who commit these crimes often receive stiff penalties, including fines and jail time. A person who is harassing another person could face charges of disorderly conduct, harassment, stalking, invasion of privacy, or assault.

If you are accused of harassing someone or committing some other crime, then you can be charged with harassment or another offense. This means that if you have been arrested, you may face charges such as assault, battery, domestic violence, stalking, or even murder.

It is very important to hire a criminal defense attorney who has experience defending against these types of cases.

Some possible defenses for harassment charges include :

● The defendant was acting under the influence of extreme emotional distress.
● The defendant had reasonable cause to believe that his actions were necessary to protect himself or another person.
● The defendant acted in self-defense.

Your criminal defense attorney will work hard to defend you against all types of charges. If you have been accused of harassment, then you need to act fast to get the best possible outcome. Your lawyer will ask questions about the incident and interview witnesses on your behalf.

The lawyer will try to find out why the victim filed the complaint. He or she will look at the facts surrounding the event and determine whether the facts support the allegations made by the victim. Depending on the outcome of this assessment, your lawyer will make recommendations on how to proceed.

Contact a Harassment Defense Attorney in North Carolina

If you have been falsely charged with harassment, contact an attorney immediately. You need an aggressive defense strategy. The sooner you get started, the better chance you have at winning your case. A skilled attorney will help you navigate through the process and ensure that your rights are protected. Be sure to hire a lawyer who specializes in defending harassment cases. If you or a loved one have been charged with harassment, contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form.

What’s The Difference Between Trespassing And Criminal Trespassing In Raleigh, NC?

 

Being charged with trespassing is, to any degree, a criminal charge in North Carolina. But you may not realize that there are two forms of trespassing. It’s essential to know the difference, and what you may be facing if you’re charged with one or both of them.

Trespassing Defined

On a basic level, trespassing is the act of intentionally going onto someone’s land without permission. You shouldn’t be there, you may see the posted signs, or someone has asked you to leave. While you may accidentally and unintentionally walk onto someone’s property at some point, bypassing signs that say “no trespassing” and going where you’ve been asked not to demonstrates intent, which makes the difference.

North Carolina has more than one type of trespass, which includes criminal trespassing. Here we discuss the differences.

First Degree Trespass (Criminal Trespass)

This Class 2 misdemeanor means that the state will be required to prove that a person not only entered the property but remained there and that the building or property was enclosed or secured that made it evident that the owner intended to keep people out of place. The penalties for this degree of trespassing is a maximum of 60 days in jail and a $1,000 fine.

What's the difference between trespassing and criminal trespassing in Raleigh, NC.?

The penalties increase to 150 days in jail along with a fine to be decided by a judge if:

  • The facility is owned by a utility, such as a:
    • Public waterworks
    • Natural gas entity
    • Electric power supplier
  • The individual breached a fence, wall, or other barriers to access the facility.

A trespasser can be imprisoned for up to 39 months if:

  • The individual accessed the facility intending to disrupt the facility’s operations.
  • The act of trespassing places the individual and/or others at risk for serious bodily injuries.

The act of trespassing then becomes a Class H felony.

Second Degree Trespass

This is a lesser charge of trespassing, such as being notified by an owner or authorized person (i.e., store manager) to leave or not enter the property or stays on the premises despite the posted signs warning intruders or others to stay out of the property. Although still a criminal trespass, a conviction for second-degree trespass is punishable as a Class 3 misdemeanor, accompanied by a $200 fine and 20 days in jail.

Domestic Criminal Trespass

As the name indicates, this type of criminal trespass involves one party accessing or entering the property of a former spouse or domestic partner where he or she is no longer welcome and refuses to leave the property.

A person cannot just claim domestic criminal trespass; he or she will be required to prove it according to the state statute (N.C.G.S. §14-134.3), by:

  • Showing that both parties have separate residences
  • A court order requiring the party to stay away from the premises
  • An agreement between the two parties to live separately
  • An order of legal separation

Conviction of domestic criminal trespass is punishable as a Class 1 misdemeanor and a fine at the judge’s discretion.

However, if the property in question is a “safe house or haven for victims of domestic violence and the person is armed with a deadly weapon at the time of the offense,” an individual will be charged with a Class G felony. A conviction for a Class G felony entails a maximum jail time of 47 months.

Don’t Ignore A Trespassing Charge

Even as a misdemeanor, a conviction of any type of trespassing can have long-ranging consequences that impact your life, including a criminal record.

If you’ve been charged with trespassing, call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.