Criminal harassment is a serious offense in Massachusetts that can have lasting legal, personal, and professional consequences. Often arising from repeated and unwanted contact or conduct, criminal harassment is distinct from other offenses like stalking or civil harassment, and it can lead to both misdemeanor and felony charges depending on the circumstances. Understanding what constitutes criminal harassment and how the law treats it is critical for anyone accused or facing investigation.
What Is Criminal Harassment in Massachusetts?
Under Massachusetts General Laws Chapter 265, Section 43A, criminal harassment occurs when a person engages in a pattern of conduct or series of acts over time that are intended to cause, and do cause, another person to experience substantial emotional distress. Unlike one-time arguments or isolated conflicts, criminal harassment involves a course of behavior—at least three separate incidents—directed at a specific individual.
Key elements of the offense include:
- The defendant engaged in a pattern of willful and malicious conduct.
- The conduct was directed at a specific person.
- The actions were such that a reasonable person would suffer substantial emotional distress.
- The victim did, in fact, suffer substantial emotional distress as a result.
The behavior must be more than annoying or inconvenient—it must be threatening, abusive, or highly disturbing in nature.
What Constitutes Criminal Harassment?
Conduct that may lead to criminal harassment charges includes:
- Repeated threatening phone calls, texts, or emails.
- Showing up uninvited at someone’s home, work, or school.
- Spreading harmful rumors or engaging in defamation with intent to harm.
- Sending unwanted and offensive messages via social media.
- Intimidating or following someone persistently.
Each act alone may not be criminal, but when they form a pattern over time, they may rise to the level of criminal harassment if they are malicious and emotionally damaging.
What to Do If You Are Charged with Criminal Harassment
Being charged with criminal harassment is a serious matter. If you are notified of an investigation or formally charged, take the following steps:
- Do not contact the alleged victim. Any communication—even to apologize or explain—can worsen the situation and violate conditions of release or protective orders.
- Hire an experienced criminal defense attorney. A knowledgeable attorney can help evaluate the allegations, assess the evidence, and determine if your conduct meets the legal definition of criminal harassment.
- Preserve any evidence. Texts, emails, voicemails, or social media records can be vital to your defense and may help establish context or show that no crime occurred.
- Avoid discussing the case with anyone other than your attorney. Statements to friends, family, or online may be used against you.
Penalties and Consequences of a Criminal Harassment Conviction
In Massachusetts, criminal harassment is generally a misdemeanor, but the consequences are still significant:
- Up to 2.5 years in a house of correction.
- Possible restraining orders or no-contact orders.
- Fines and court fees.
- A permanent criminal record, which can affect employment, housing, and reputation.
If the harassment involves a restraining order violation, is racially motivated, or includes threats of violence, prosecutors may seek enhanced penalties or felony charges.
Examples of Severe Criminal Harassment
Some Massachusetts cases have involved serious and repeated conduct that resulted in harsh penalties. For example:
- A former romantic partner sending hundreds of threatening messages and appearing at the victim’s home repeatedly, even after being told to stop.
- Posting false and damaging information online about an individual with the intent to cause harm and distress over an extended period.
- Targeting a co-worker or neighbor with repeated anonymous threats or surveillance intended to frighten them.
In these and similar cases, courts have taken criminal harassment charges seriously, particularly when the conduct created a sustained pattern of intimidation or psychological harm.
Speak with a Criminal Defense Attorney
If you are facing a charge of criminal harassment in Massachusetts, it’s essential to take swift action to protect your rights and avoid long-term consequences. With the help of a skilled criminal defense attorney, it may be possible to challenge the evidence, argue for dismissal, or negotiate a favorable resolution.
Contact a Massachusetts criminal defense lawyer today to discuss your case, understand your options, and ensure your rights are fully protected in the face of criminal
