What Are Defenses Against Harassment Charges?


When you are facing harassment charges, nothing could be more important than providing evidence that you did not do what you are being accused of. Often, these types of charges come down to one person’s word against another. Knowing what defenses against harassment charges are available could help alleviate some of your fears. At The Harrell Law Firm, PLLC, our criminal defense attorneys will work closely with you to create a strategy specifically targeted to your situation.

Possible Defense Strategies Against a Harassment Charge

Harassment is engaging in actions that bother another person, typically not just once but multiple times. It is possible to be charged with harassment if a person can prove that you have been harassing them in some way over some time. The following are some ways you may be able to fight back against these charges.

You Were Acting Under the Influence

Were you acting under the influence when accused of harassment? Whether it was under the influence of drugs, alcohol, or emotional distress, a criminal defense attorney can work to build a strong defense to the charges. Proving that your actions were due to extreme emotional distress may create a better outcome for you.

  • An Example of What This Could Look Like: You were at a party and indulged in too much alcohol when another guest began harassing your date. Instead of walking away from the situation, you retaliated by harassing the subject in question and their guest.

You Believe That Your Actions Were Necessary

The belief that you had to act to defend yourself or someone else might also be an effective defense against a harassment charge. While it might not seem appropriate at the moment, believing that your actions are necessary to protect yourself could wind up helping you in the long run.

  • An Example of What This Could Look Like: While out shopping, another customer purposely follows you throughout the store and continually says inappropriate things to you. At one point, the customer touches you. In an effort to defend yourself, you forcibly remove their hand from your body, throwing them to the ground. An experienced criminal defense attorney can help show that your actions were necessary to avoid being hurt.

You Acted in Self-Defense

This strategy is not one to overlook, especially if you believe that there is evidence that points to you acting against the threat of another person. If someone was threatening you or you felt as if you were going to suffer a severe injury as a result of their actions, self-defense can certainly be a legal defense to use.

  • An Example of What This Could Look Like: A neighbor has repeatedly been yelling obscenities at you and even coming onto your property despite multiple attempts from you to stop the interactions. Finally, the neighbor confronts you in your yard to the point of a physical altercation. To avoid suffering a serious injury, you struck your neighbor. You can argue that the injury you caused the neighbor was in self-defense.

Determining Which Legal Defense Strategy to Use

When you meet with a criminal defense attorney, you will gain more insight into your legal rights in these situations based on the actual details of your case. Our attorneys will ask:

  • Were you there when the incident occurred?
  • Did you participate in the harassing action?
  • If so, why?
  • What made you want or need to act in the way you did?
  • What led up to this occurring?

By gathering as much information as possible in this situation, it is possible to better understand the legal defense strategy that may be appropriate for your needs. The key is not just choosing any defense but creating one that is plausible and likely to be accepted.

Schedule a Consultation with a Criminal Defense Attorney Today

At The Harrell Law Firm, PLLC, our criminal defense attorneys in Colorado are available to discuss your case. You get direct contact with the lead attorney when you speak to us. Set up a free 30-minute consultation now to learn how we can help you. Call our office to explore your legal options.