Harassment

Respected Boston Domestic Violence Defense Attorney Committed to Aggressively Defending Clients Throughout Massachusetts

A harassment charge can turn your life upside down in an instant. Whether the accusation stems from a misunderstanding, a personal dispute, or false claims, you need to take it seriously. Massachusetts law defines harassment broadly, and even unintentional actions can lead to criminal penalties. The Law Office of Patrick J. Murphy understands how overwhelming this situation can be. As a Boston harassment lawyer with over 27 years of experience, Attorney Murphy has successfully defended countless clients facing harassment allegations and is ready to fight for you.

What Constitutes Harassment Under Massachusetts Law?

Massachusetts law criminalizes harassment in multiple forms. Under Massachusetts General Laws Chapter 265, Section 43A, harassment is defined as:

• A willful and malicious pattern of conduct
• Directed at a specific person
• Intended to seriously alarm, annoy, or cause emotional distress
• Conduct that would cause a reasonable person to suffer substantial distress

While there are many situations that can give rise to harassment charges, some of the most common examples include the following:

• Repeated unwanted phone calls, texts, or emails
• Social media harassment or cyberstalking
• Making threats, even if no physical harm occurs
• Following or surveilling another person
• Spreading false rumors with intent to harm someone’s reputation

Importantly, a single incident is generally not enough to qualify as criminal harassment; typically, Prosecutors must prove that the alleged conduct was repetitive and intended to cause fear or distress.

Consequences of a Harassment Conviction

Harassment is a criminal offense in Massachusetts, and a conviction can result in severe penalties, including:

• Up to 2.5 years in jail for misdemeanor harassment
• Stricter penalties if the offense involves threats, stalking, or prior convictions
• A permanent criminal record, affecting employment and housing opportunities
• Potential restraining orders, such as a harassment prevention order under Massachusetts General Laws Chapter 258E

A harassment charge may also lead to civil liability if the alleged victim pursues legal action. Employers and landlords often deny opportunities to individuals with criminal convictions, making it critical to fight these charges aggressively and effectively.

Defenses Against a Harassment Charge

If you have been accused of harassment, there are several potential defenses, including:

Lack of Intent

Misunderstandings and miscommunications happen, but they should not lead to criminal charges. The prosecution must prove that you willfully and maliciously intended to harass the alleged victim. If your actions were misinterpreted, this can be a strong defense.

False Accusations

A harassment charge does not always tell the full story. Before assuming the worst, it is important to understand that the law requires clear evidence of intent and repeated behavior. Harassment charges are sometimes used as leverage in personal disputes, such as divorces, child custody battles, or workplace conflicts. Evidence such as phone records, emails, or witness testimony may help disprove the allegations.

Free Speech Protections

Not every uncomfortable interaction is a crime. If you are facing a harassment charge, the prosecution must meet a high burden of proof. Not all offensive or upsetting speech is illegal. If your actions were protected under the First Amendment, the charges may not hold up in court.

No Pattern of Conduct

Harassment cases are not always as clear-cut as they seem. Sometimes, people use these allegations as a tool for revenge or personal gain. Massachusetts law requires a pattern of behavior, not just a single incident. If the alleged harassment was a one-time event, the case may be dismissed.

As an experienced Boston criminal defense lawyer, Patrick Murphy can analyze the evidence against you, challenge the prosecution’s case, and work to get the charges reduced or dismissed.

What to Do If You Are Charged with Harassment

If you are facing harassment charges, take these steps immediately:

• Do not contact the accuser. Even if you believe the allegations are false, any communication could be used against you.
• Gather evidence. Preserve texts, emails, social media posts, or other records that may support your defense.
• Avoid discussing the case. Do not post about the charges on social media or speak to anyone other than your attorney.
• Consult a criminal defense attorney. A lawyer can help you understand your rights and build a strong defense.

Harassment charges can escalate quickly, leading to restraining orders and may even result in the government bringing additional charges against you. The sooner you seek legal representation, the better your chances of protecting your future.

Discuss Your Case with an Experienced Boston Domestic Violence Defense Lawyer Today

If you are facing harassment charges, you need a lawyer who understands Massachusetts harassment laws and is ready to fight for your rights. Attorney Patrick J. Murphy has decades of experience defending clients against all types of criminal charges and works tirelessly to achieve the best possible outcome in every case he handles. Don’t wait to protect your rights; contact the Law Office of Patrick J. Murphy at (617) 367-0450 today for a confidential consultation.