When most people think of harassment, they assume it’s a phrase used to describe annoying or unwanted behavior. While this is true, it’s important to understand that harassment is actually a crime that can carry severe penalties for those charged. As such, if you are facing a harassment offense, understanding what constitutes this crime and when it is considered a felony in Oklahoma is critical. The following blog explores these charges in further detail and explains why it is imperative to connect with an Oklahoma City felony defense lawyer if you are accused of, arrested for, and charged with harassment.
What Constitutes Harassment?
Harassment is the illegal use of electronic communication to threaten, harass, or intimidate another person. This crime, though often charged with stalking or intimidation offenses, can be charged as an offense on its own.
As such, any type of message or data signal sent over telephones or other electronic devices that are used to make lewd, obscene, or indecent proposals warrants this offense. Additionally, harassment constitutes putting someone else in fear of bodily harm or death. For example, if you text someone repeatedly telling them you know where they live, this would be considered harassment as it would put them in fear of bodily harm. Forms of communication that can warrant this offense include the following:
- Phone calls
- Texts
- Emails
- Voicemail
- Direct messages
- Facebook posts
- Faxes
- Tweets
Many wonder why harassment can only be charged for electronic forms of communication. It’s important to understand that if you threaten someone in real life, this is considered an assault offense instead of harassment because it would be easier to follow through. For example, if you threaten to hit someone in real life as opposed to over the phone, the fear of the action would be greater in real life due to the close proximity of the person.
When Is This a Felony Offense?
In general, a first-offense harassment charge is considered a misdemeanor. However, there may be aggravating factors present that can increase the severity of this offense to a felony. Examples of aggravating factors include demonstrating a lack of remorse, the age of the victim, or whether or not it was a hate crime.
In addition, any second or subsequent harassment offense will be charged as a felony. As such, you can face up to ten years in prison for this felony offense in Oklahoma.
Facing a felony harassment charge can be an overwhelming experience, which is why it’s imperative to connect with an experienced attorney as soon as possible to discuss your legal options. At the Jones Firm, PLLC, we understand how complicated these matters can be. That is why our team is dedicated to exploring all possible avenues for a defense to help you fight for the best possible outcome. When you’re in trouble, we can help. Contact us today to get started.
