The Differences Between Stalking And Harassment in Columbia

The difference between harassment and stalking is based on the definitions that are provided in 1631700, which is the type of conduct of the person. It depends on what the person did. Their conduct would either fall under harassment or stalking based on those definitions. Stalking is described as repeated unwanted pursuit or threatening behavior to another. Harassment involves the following of a targeted person. Stalking and harassment are the ones that are synonymous with each other. It results in unlawful use of telephone, and/or some type of assault and battery charge.

If you have been accused of harassing another, a diligent stalking lawyer could help your case. The attorney could help you understand the differences between stalking and harassment in Columbia.

Understanding The Degrees of Harassment

Harassment is defined in South Carolina in different degrees. Harassment in the first degree means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a person that serves as a legitimate purpose and causes a reasonable person to suffer mental or emotional distress. Harassment first degree may include, but is not limited to, following the targeted person as he moves from location to location.

Visual or physical contact is initiated, maintained, or repeated after a person has been provided a written notice that the contact is unwanted or after the alleged victim has filed an incident report with the law enforcement agency. Surveillance or maintenance of a present near the targeted person’s residence, place of work, school, or another regularly occupied or visited location by the targeted person as well as vandalism and property damage is part.

Harassment in the second degree is an intentional or substantial pattern among reason of a person’s private life that serves no legitimate purpose and causes a reasonable person to suffer mental or emotional distress. Harassment in the second degree may include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained or repeated. Speak to a tenacious defense attorney about building a defense.

Could a Person Be Charged With Both Harassment And Stalking?

If the conduct meets those definitions, it is possible that a person could be charged with both harassment and stalking in Columbia. The police are going to find that the conduct meets one of the other, so the likelihood that it meets both is going to be non-existent.  It is usually either a harassment case or a stalking case. If there was conduct that warranted both that is separate and distinct, it is possible.

Circumstances in which ta person could be charged with both stalking and harassment would be if someone did something or acted in a specific way that would fall under harassment’s definition of a pattern that is intentional, substantial, and a reasonable intrusion into a private life that serves no legitimate purpose and causes a person to suffer mental or emotional stress.

How a Stalking Attorney Could Help

There are a few differences between harassment and stalking in Columbia. For both charges, there is usually unwanted visual or physical contact with another. Depending on the situation and the aggravating factors, individuals could face serious consequences if convicted. Individuals could face up to ten years following a felony stalking conviction while harassment in the first degree carries a maximum of three years.

Those who have been accused of stalking or harassment should seek help from an experienced attorney as soon as possible. Call today to schedule a consultation.