Fighting Harassment and Stalking Charges in Pennsylvania

If you or someone you know is facing harassment or stalking charges in Philadelphia or elsewhere in Pennsylvania, it’s critical to understand your rights and the legal defenses available.

What is Harassment Under Pennsylvania Law?

Under 18 Pa. C.S. § 2709, harassment occurs when someone:

• Strikes, shoves, kicks, or threatens to do so

• Follows someone around in a public place

• Engages in repeated communication (calls, texts, messages) with the intent to annoy or alarm

• Uses obscene language or gestures repeatedly

• Communicates in a lewd, threatening, or harassing way by mail, phone, or electronic means

Harassment is usually charged as a summary offense, but it can become a third-degree misdemeanor if it involves repeated actions, threats, or stalking behavior.

What is Stalking Under Pennsylvania Law?

Stalking is a more serious charge defined in 18 Pa. C.S. § 2709.1. A person may be charged if they repeatedly engage in conduct that causes another person to fear:

• Bodily harm

• Emotional distress

• Ongoing monitoring or following

This includes both physical following and digital stalking (also called cyberstalking), such as:

• Repeated GPS tracking

• Excessive texting or emailing

• Constant social media monitoring

• Showing up at someone’s workplace or home without consent

Stalking is a first-degree misdemeanor on the first offense, and a third-degree felony if it’s a second offense or there’s a protection order in place.

Penalties for Harassment and Stalking

Depending on the charge level, penalties may include:

Harassment:

• Summary offense: Up to 90 days in jail and fines

• Misdemeanor: Up to 1 year in jail

Stalking:

• First offense (M1): Up to 5 years in prison

• Second offense or violation of a court order (F3): Up to 7 years in prison

Additionally, a conviction may result in:

• A permanent criminal record

• Loss of gun rights (in some stalking cases)

• Protective orders limiting contact with the alleged victim

• Difficulty securing employment or housing

Common Defenses to Harassment and Stalking Charges

Every case is different, but some of the most effective defenses may include:

✅ Lack of intent: The prosecution must prove that your actions were purposeful and intended to harass or cause distress. Miscommunication, sarcasm, or jokes can be taken out of context.
✅ False accusations: These charges are sometimes used in the context of breakups, divorces, or custody disputes. A defense attorney can expose inconsistencies in the alleged victim’s statements.
✅ Lack of repeated conduct: Stalking requires a pattern of behavior, not a single event.
✅ Constitutional violations: If police searched your phone or accessed your digital data without a warrant, any evidence obtained may be thrown out.
✅ No credible threat: In some cases, conduct may be irritating but not threatening or illegal.

An experienced criminal defense attorney will analyze the full context of your case and build a strategy based on facts, not assumptions.

Don’t Violate a Protection From Abuse (PFA) Order

If you’ve been served with a PFA or restraining order, follow it exactly—even if you believe the underlying claims are false. Violating a PFA can result in arrest and additional charges. A lawyer can help challenge the order in court, but taking matters into your own hands will only hurt your defense.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

Harassment and stalking charges can ruin reputations, careers, and relationships. But being accused doesn’t mean you’re guilty. With over 30 years of experience defending clients across Philadelphia and Pennsylvania, Mark D. Hauser understands how to fight back against these serious allegations.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.