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Criminal harassment charges sometimes based on false allegations Archives

Criminal harassment charges sometimes based on false allegations

A criminal charge that sometimes comes up in connection with domestic disputes is criminal harassment. In Ontario, a criminal harassment charge can be based on a number of types of repetitive, threatening conduct, including harassing emails, text messages or phone calls. Criminal harassment charges may also be based on allegations of stalking or uttering threats against a person or a person's family.Serious, long-term consequences can result from a criminal harassment conviction. Depending on the facts of the individual case, penalties could range from a protection order to a prison sentence of up to 10 years. However, not everyone accused of criminal harassment is guilty. Sometimes these charges are based on false allegations, and a criminal defence attorney must investigate and present evidence proving the allegations are false.Often a review of cellphone and computer records is necessary to show that the defendant is not guilty. Past fabrications by the complainant may also serve to disprove the complainant's credibility.Just because a heated dispute between a defendant and a complainant has occurred does not necessarily mean that the defendant is guilty of criminal harassment. To convict a person on this charge, the prosecution must show that the defendant's actions would have caused any reasonable person to fear for his or her safety.Lawyers at Neuberger & Partners LLC use a variety of resources, including private investigators, technology experts and witness interviews, to develop a comprehensive defence against allegations of criminal harassment. To learn more about our law practice, please visit our main criminal defence website.

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