Bellingham's Criminal Harassment Defense Attorneys Are Here to Help

Washington State takes accusations of harassment seriously. A conviction can result in steep penalties that can have a lasting negative impact on your life. If you are facing harassment charges, you do not want to face them alone. A knowledgeable and empathetic attorney can be a powerful ally. Our Bellingham law firm specializes in defending people accused of criminal harassment. Call us today, and we'll help you get the best outcome possible for your case.

In Washington State, harassment is defined and governed by the Revised Code of Washington (RCW) 9A.46.020. According to RCW 9A.46.020, harassment occurs when you knowingly threaten:

• To inflict bodily injury on the threatened person or anyone else, either immediately or in the future;
• To damage someone else's property;
• To subject the threatened individual or another person to physical confinement or restraint; or
• To intentionally engage in any other act aimed at causing significant harm to the threatened person's physical or mental health or safety.

Threats can be verbal or written, and you must have made them with the intent to harass or intimidate the person threatened.

In Washington State, harassment cases involve behavior that is not only inappropriate but also meets the legal definition of harassment. The legal threshold for behavior to be considered harassment involves actions that are threatening and intended to intimidate or coerce someone.

Here are the specific behaviors that can be considered inappropriate and potentially constitute harassment under Washington law:

1. Threats to harm include:
   • Physical Injury: Threatening to cause bodily injury to someone, either immediately or in the future
   • Damage to Property: Threatening to cause physical damage to someone's property
   • Confinement or Restraint: Threatening to physically confine or restrain someone
2. Maliciously performing acts intended to substantially harm another's mental health or safety

Threats must be of a nature that would make a person of reasonable sensibility fear that you could carry out the threat. The person making the threat must do so knowingly, meaning they are aware their actions or words are threatening.

Repeatedly directing any of these behaviors toward the same victim can enhance the seriousness of the offense. If the harassment targets specific aspects of a person's identity, including race, religion, or sexual orientation, it may also overlap with hate crime regulations under both Washington state and federal law.

Further, Whatcom Courts can prosecute harassment as a gross misdemeanor or a felony under certain conditions, such as when the harassment involves a threat to kill. Victims can seek protective orders under RCW 10.14, which provides legal mechanisms to prevent further harassment.

Whatcom County Courts consider various forms of behavior as harassment, including but not limited to stalking, repeated unwanted contact, and threats made via digital communications. The specific context and the way the behavior impacts the victim are crucial in determining whether your behavior meets the threshold for harassment.

If you have been charged with harassment in Bellingham, it's crucial to take immediate and informed action to protect your rights and navigate the complexities of the legal system effectively. Here's a step-by-step guide on what to do:

1. Understand The Seriousness Of Your Charges: In Washington, harassment can be classified as a misdemeanor or a felony, depending on the circumstances. Understanding the severity of the charge can help you grasp the potential consequences, including fines, imprisonment, and a criminal record.
2. Do Not Ever Contact The Complainant: Avoid contacting the person who has accused you of harassment. Any attempt to contact them might be seen as further harassment and could worsen your situation.
3. Consult A Qualified Bellingham Harassment Attorney: Seek legal counsel from a defense attorney who specializes in harassment law and has experience handling harassment cases in Whatcom County Courts. They will provide a clear understanding of the charges against you, the possible defenses, and the potential outcomes.
4. Preserve Any Evidence In Support Of Your Defense: Collect and preserve any evidence that may be relevant to your case. This may include electronic communications like texts, emails, and social media posts, as well as witness statements and other documents that support your side of the story.
5. Prepare For A Restraining Order: Be prepared for the possibility that the court might issue a temporary restraining order or protection order against you. Discuss with your attorney how to respond appropriately to such orders.
6. Discuss Your Defense Strategy: Work closely with your attorney to develop a robust defense strategy. Depending on your case, defenses might include proving the allegations are false, demonstrating that no threat was intended or could reasonably have been perceived, or showing that your actions were not unlawful.
7. Follow Your Attorney's Advice And Whatcom Court Orders: Adhere strictly to any legal advice and court orders. Failure to do so can lead to additional charges or penalties.
8. Prepare For Court Appearances: Prepare thoroughly for any court appearances. Dress appropriately for court and plan what you will say. Your attorney will guide you on how to present yourself and how to respond to questions.

If you're facing harassment charges, these steps can help you manage the situation more effectively and increase the likelihood of a favorable outcome for your case. Make sure to secure the services of a top-rated Bellingham attorney for your case.

In Whatcom County, Washington, while state laws govern the penalties for a harassment conviction, federal laws may apply in specific cases involving interstate harassment or if the harassment is against federal employees under federal jurisdiction.

Some of the penalties you could face under RCW 9A.46.020 include:

• Gross Misdemeanor Harassment
• Jail Time: Up to 364 days in county jail
• Fine: Up to $5,000

These penalties apply to general harassment cases that do not involve threats to kill or other aggravating factors.

• Felony Harassment: Harassment becomes a Class C felony under certain conditions, such as if the harassment includes a credible threat to kill someone, if the person has previous convictions for harassment against the same victim, or if the harassment targets specific officials like jurors or Bellingham law enforcement officers.
• Jail Time: Up to 5 years in state prison
• Fine: Up to $10,000

If the defendant has prior harassment convictions, particularly against the same victim, penalties can be more severe. Furthermore, threats to kill are taken particularly seriously and elevate the charge to a felony level.

Finally, the victim's status has an impact. For example, if the victim is a law enforcement officer, judge, juror, or similar public figure, the penalties may be increased. On top of criminal penalties, a conviction for harassment often results in a court issuing a protective order, which may prohibit the defendant from contacting the victim. Violation of such orders can result in additional criminal charges.

Given the potential severity of the consequences, you must seek the advice of a Bellingham harassment attorney. They can provide guidance specific to the circumstances of the case, help negotiate plea deals if appropriate, and work to minimize the potential penalties based on the defense strategy.

If you are facing harassment charges in Bellingham, an attorney can help provide a solid defense. Here are some of the strategies they may leverage to get the best possible outcome for your case:

• Challenge The Evidence: Your attorney will meticulously review the evidence presented by the prosecution. They will scrutinize any communications, witness statements, or physical evidence to identify inconsistencies or weaknesses. For example, if there is a lack of clear intent or credible threats, your attorney can argue for dismissal or reduction of charges.
• Assert Your Rights: Ensure law enforcement did not violate your Fourth Amendment rights during the investigation. If law enforcement obtained evidence through unlawful searches or seizures, it might be inadmissible in court. Your attorney can file motions with Whatcom County Courts to suppress such evidence.
• Present Alibis Or Witnesses To Testify In Your Favor: If you have an alibi or witnesses who can testify on your behalf, it's crucial to present this information. Reliable testimony can cast doubt on the prosecution's case and support your defense.
• Negotiate Plea Bargains: In some cases, negotiating a plea bargain will get you the best-case outcome. Your attorney can discuss this option with the prosecuting attorney to possibly reduce the charges or penalties you face.
• Consider Arguing Self-Defense Or Defense Of Others: If the alleged harassment occurred in a context where you were defending yourself or others, this could be a valid defense. Washington law recognizes the right to protect oneself or others from harm.
• Highlight Misunderstandings Or False Accusations: Misunderstandings or false accusations can lead to harassment charges. Your attorney will help demonstrate any lack of intent to threaten or harm or evidence of false allegations.

Contact a knowledgeable attorney in Bellingham today who understands local Whatcom County courts and can provide a robust defense tailored to your situation. Reach out for a consultation and take the first step in protecting your rights and future.