Second-Degree Harassment Lawyer in St. Louis

What is a Second-Degree Harassment Charge in Missouri?

A Class A misdemeanor, second-degree harassment can be elevated to a Class E felony if you have a previous conviction for harassment or a related offense (such as stalking or specific domestic violence offenses). This does not apply to law enforcement officers, however, conducting lawful investigations.These cases can often involve repeated, unwanted communication, threatening or intimidating communication or showing up at someone’s house or workplace.

Second-Degree Harassment Cases Common in St. Louis

Examples of specific cases that could fall under second-degree harassment in St. Louis include:

• Repeated phone calls to disturb someone
• Sending a large number of unwanted text messages
• Continuing to contact someone, after being told not to
• Sending hostile direct messages
• Tagging or messaging someone in a repeated, harassing manner
• Posting messages directed at someone intended to upset or disturb them
• Repeatedly yelling abusive language at someone
• Confrontations designed to intimidate or disturb someone

These types of contact can often take place after a breakup, between neighbors or co-workers or roommates.

For these charges to stick, it will have to be shown that you intentionally engaged in conduct designed to alarm or distress the alleged victim. Often, these situations arise from misunderstandings and the heat of the moment.

What Penalties are to be Expected in St. Louis for Second-Degree Harassment?

For a second-degree harassment charge in Missouri, you can expect to face the following:

• Up to one year in jail
• And/or fines up to $2,000
• Probation and court supervision, in some instances
• In some cases, a protective order against you
• Other damaging effects to your person, such as to your reputation

Even though second-degree harassment is a lesser charge than first-degree harassment, it should still be taken seriously as it can have long-term effects upon your criminal record and on your relationships with your coworkers, neighbors, with a former partner or with your classmates.

What Should I Expect, Following a St. Louis Second-Degree Harassment Arrest?

After being booked into jail, you will then have your bond set. You should retain a St. Louis criminal defense attorney to guide and protect you through the next steps of the criminal process.

From here, you can expect:

• An Initial Appearance and Bail
• Your Arraignment
• Pre-Trial Motions and Discovery
• Trial or Plea-Negotiation
• Sentencing, if Found Guilty
• Appeals, if Errors or Abuses Occurred in Your Case

While all of this can be new territory and sound intimidating, our experienced legal team at Combs Waterkotte is prepared to guide you through each step with clarity and compassion.

The Next Steps to Take When Charged with Second-Degree Harassment in St. Louis

If you have been charged with second-degree harassment in St. Louis, then you should know that the steps you take next can greatly affect your reputation and freedom.

Important actions to implement right now include:

• Ceasing all contact with the alleged victim
• Hiring a knowledgeable St. Louis second-degree harassment lawyer
• Abiding by an order of protection, if applicable (violating a protective order is a separate and serious crime)
• Saving any evidence (which includes existing communication with the alleged victim)
• Documenting the context that supports your side
• Attending all hearings

What the Prosecution in St. Louis will Have to Establish

The prosecution will have to prove several key elements, “beyond a reasonable doubt.”

These elements include that you acted intentionally to cause substantial emotional distress, that there was no legitimate or lawful purpose to your actions and that your conduct included:

• Unwanted communication, such as phone calls, texts or online messages
• Physical intimidation or threatening behavior directed at another person
• Offensive or abusive language meant to disturb or alarm someone

Bear in mind that accidentally causing distress is generally not sufficient to support a second-degree harassment charge. The context of your statements or actions can play a critical role in your defense, which is why it is advised that you reach out to a St. Louis criminal defense lawyer immediately for legal counsel tailored to your case.

The St. Louis Defenses for Second-Degree Harassment

There may be a variety of defenses we can apply to your case. Common defense strategies in St. Louis second-degree harassment cases include:

• Lack of intent to harass or distress
• Misinterpretation or context of communications
• Legitimate or lawful purpose
• False or exaggerated allegations
• Insufficient evidence
• Self-defense