Anyone under the age of 24 may be eligible for HYTA if charged with aggravated harassment, unless there are factors related to criminal sexual conduct. There are other diversion programs that can be investigated and depend on the particular facts of the case. Under MCL 750.411h, stalking is defined as intentional behavior that involves repeated or persistent harassment of another person that would cause feelings of fear, terror and/or intimidation to the alleged victim. A criminal conviction for criminal harassment is punishable as follows: (a) refraining from prosecuting a person during the probation period. Constitutionality: Michigan`s anti-harassment law is not an unconstitutionally vague threat to free speech. Staley v. Jones, 239 F3d 769 (CA 6, 2001). The crime of stalking is often the result of an emotionally charged situation, but the state of Michigan takes stalking crimes very seriously. If you are accused of harassment, you are naturally worried about your future and what could happen.
Call us for legal advice on your defence options. Our experienced defence lawyers can guide you and help you protect yourself and de-escalate this situation. (2) A person who engages in criminal harassment is guilty of aggravated stalking if the violation involves one of the following circumstances: Under Michigan law, criminal harassment is divided into three categories: stalking, serious stalking, and cyberstalking. Sometimes the penalties may be even harsher if there is evidence in a criminal harassment prosecution and serious allegations of criminal harassment that the defendant continued to engage in intentional conduct involving repeated or persistent harassment of the complainant. Criminal harassment is generally defined as a pattern of malicious behavior that can include the repeated presence in the workplace of a separated partner to intimidate or cause concern. While criminal harassment laws are generally general, they are most often invoked with respect to spouses, former partners and other separated intimate relationships. Under Michigan`s harassment laws, “aggravated harassment” includes direct threats, previous convictions for criminal harassment, or violations of a restraining order. Offenders convicted of aggravated criminal harassment may be required to serve a conditional sentence of at least 5 years. In addition, harassing behaviour may be a reason for the victim to receive a Personal Protection Order (OPP). The district court may award a foreign PPO if “the petition alleges facts that constitute harassment within the meaning of Section 411h or 411i, or conduct prohibited by Section 411s (cyberstalking) of the Michigan Penal Code.
[but] [t]he request and grant of a request under this paragraph, whether the person to be detained or ordered has been charged or convicted under sections 411h, 411i or 411 of the Michigan Penal Code … ». MCL 600.2950a(1). An OPP can be implemented for up to one year, but can be renewed at the request of the victim if the judge deems it appropriate. (2) A person who engages in criminal harassment is guilty of a crime as follows: These stalking laws were only enacted in 1993 to combat harassment and harassing behaviour and to protect victims. Michigan courts are serious about enforcing these laws. There are a number of proven defence strategies that can be effective in defending people accused of harassment, aggravated criminal harassment, or more serious or violent crimes. One of the most common defences is that the alleged conduct was committed for a legitimate purpose or was consensual. A defense attorney may build a defense strategy around the fact that there was no credible threat, or deny that the prosecutor proved the elements of harassment.
Convicted defendants may appeal their conviction or appeal after conviction. If you are convicted of the above description of harassment, you face misdemeanor penalties ranging from one year in jail and fines of up to $1,000. Harassment is a pattern of negative behaviour directed at a particular person in order to make them fear for their safety. This can happen during a romantic relationship, after a breakup, or even a complete stranger pursuing their own unrequited attraction to someone they admire. The motives for stalking may stem from an unhealthy fixation on the other person, a desire to have some sort of control over another person, or to create an opportunity to actually harm the other person. This is a serious crime in Michigan that can carry heavy civil and criminal penalties. To learn more about Michigan`s harassment laws, see the table below. For more information, see Details on state harassment laws. Serious or criminal harassment is a more serious crime and includes the above conditions in conjunction with other factors that may result in a previous conviction for criminal harassment, a breach of probation, probation, preliminary inquiry or an existing injunction, or a possible threat to the victim, their family or another person living with the alleged victim, may include. Anyone charged with criminal harassment in civil or criminal courts needs a qualified lawyer to vigorously protect their rights. Prosecutors and judges will not take these allegations lightly.
The risk of lengthy probation, possible incarceration, substantial fines, and reimbursement of lawyers` fees or costs is simply too great. A defence lawyer can ensure that the prosecutor meets the burden of proving guilt beyond a reasonable doubt. The term stalking can be confusing in itself. Surprisingly, most stalkers are known to their victims, most of them being former romantic partners.