First-Degree Harassment Lawyer in St. Louis

What is a First-Degree Harassment Charge in Missouri?

A first-degree harassment charge can be brought against you if it is believed that you “without good cause, purposefully caused substantial emotional distress to another person.” These charges usually involve key components such as unwanted, threatening or intimidating communication or conduct.

These charges do not apply to federal, state, county or municipal law enforcement officers, however, conducting an investigation.

Examples of Common First-Degree Harassment Cases in St. Louis

In Missouri, a first-degree harassment case can involve a variety of factors:

Common methods:

• A text message threatening to harm someone
• Repeated, threatening phone calls
• E-mails or direct messages threatening violence
• Social media posts implying physical harm to a specific person
• Statements that could be interpreted as threats of physical harm

Case circumstances:

• Threatening an ex-partner during or after a breakup
• Sending aggressive messages during a custody dispute
• Sending hostile messages to a supervisor or employee
• Threats made during property disputes or confrontations over noise complaints / shared spaces
• Threatening messages between classmates
• Any confrontations that included threats of violence

The prosecution bears the burden of proving its case beyond a reasonable doubt. Our attorneys can challenge whether your alleged statements or actions actually constitute a “credible threat.”

Retaining the services of a skilled St. Louis criminal defense attorney is important as a big part of the case rests upon how evidence–which can include simple misunderstandings, emotional disputes and digital communications–is interpreted.

Penalties for a First-Degree Harassment Charge in St. Louis

As a Class E felony offense, a first-degree harassment charge can come with several, serious penalties.

These can include:

• Imprisonment up to 4 years
• A fine up to $10,000
• In some instances, a protective order against you
• Other life implications due to a felony conviction upon your record (examples: difficulty obtaining good housing and employment, loss of professional licenses and civil rights, etc.)

Because a first-degree harassment charge can truly alter the course of your life, you want to make sure you have all of the resources at your disposal to fight it effectively.

What Happens After a First-Degree Harassment Arrest in St. Louis?

Following a first-degree harassment arrest in St. Louis, you can expect to be booked, to receive a bail hearing within 48 hours and to potentially face no-contact orders (protective orders) with the alleged victim.

Hiring a proven St. Louis first-degree harassment attorney is important to be prepared for the following:

• Your booking: Our defense lawyers at Combs Waterkotte will make sure you don’t say or do anything to jeopardize your case. We will advise you on your rights and begin evaluating evidence against you.
• Your bond/bail hearing: We can argue for reasonable bail conditions or release, so you can return home while your case continues.
• Your potential restraining orders: We can help you understand these restrictions and represent you during a hearing, when it is determined whether these orders will take place or not.
• Your preliminary hearing: When the court is deciding whether there is enough evidence to move forward with your case, we can help by challenging weak evidence, questioning witnesses and identifying issues that could result in a case dismissal or reduction of charges.
• Your pre-trial litigation: During this phase of your case, we can file motions, review discovery and investigate all of the circumstances surrounding your case. We will challenge evidence, negotiate with prosecutors and identify compelling defense strategies relevant to your case.
• Your trial or plea negotiation: At trial, our legal team is able to present your defense, examine witnesses and challenge the prosecution’s case. Before your case goes to trial, however, we may be able to obtain reduced charges or another resolution.
• Your sentencing: If a conviction occurs, we will advocate for fair and appropriate sentencing and point out any mitigating factors that could influence the court’s decision in your favor.
• Your potential appeal: If any legal errors were involved in your case, this could justify an appeal, and our St. Louis appeals lawyer can guide you through this next phase of your case.

How to Take Immediate Action After Your First-Degree Harassment Arrest in St. Louis

In a felony criminal case, such as first-degree harassment, time is of the essence.

Some first steps you should take include:

• Staying calm and avoiding resisting
• Remaining silent
• Retaining a criminal defense attorney
• Avoiding the alleged victim
• Refusing to consent to a search without a warrant
• Preserving evidence and witness information
• Understanding key aspects of your case, such as your bail and release
• Attending all required court appearances

When you work with Combs Waterkotte, we immediately get to work protecting your rights and ensuring you don’t do anything to jeopardize your case.

What a St. Louis Prosecutor has to Prove in Your Harassment Case

A prosecutor will have to prove in your case that you, “beyond a reasonable doubt and without good cause, purposefully engaged in acts designed to cause severe emotional distress to another person and that these acts actually caused substantial emotional distress.”

A prosecutor will likely build his case upon the following factors:

• Intent: That you acted with the specific purpose of causing emotional distress.
• Action: That you engaged in a specific act (such as threats, unwanted communication or stalking).
• Result: That the victim suffered emotional distress.
• Without good cause: That you did not have a justified or lawful cause for doing so.
• Distress: It must be determined that you caused “severe distress,” not merely annoyance.

Defenses We Can Apply to Your St. Louis First-Degree Harassment Case

As soon as you speak with our team at Combs Waterkotte, we will get to work determining which defenses might best fit the circumstances surrounding your case.

Common defenses in St. Louis first-degree harassment cases include:

• The alleged statements do not amount to a credible threat
• The prosecution cannot prove you intended to threaten anyone
• The allegations against you are false or exaggerated
• The communications were misinterpreted or taken out of context
• The statements are protected speech under the First Amendment
• The prosecution lacks sufficient evidence to prove the charge “beyond a reasonable doubt”