Criminal Harassment Lawyer in Winnipeg

What is Criminal Harassment?

In order for a Crown Attorney to establish a criminal harassment charge, they must prove beyond a reasonable doubt that the accused engaged in harassing behavior, knew or was reckless as to how the complainant would perceive their conduct, the complainant must fear for their safety, and the fear experienced was reasonable in the circumstances.

Examples of behavior that may be considered criminal harassment include: • Repeatedly following someone from place to place; • Repeatedly communicating with another person, directly or indirectly; • Watching or besetting someone’s home, workplace, or other location where they happen to be; and, • Threatening conduct towards any person or any member of their family.

Obtaining Bail for Criminal Harassment Chrages

Obtaining bail can be challenging if you are charged with criminal harassment. The Court will be concerned about allegations of stalking from a public safety perspective, as stalking behavior often leads to more serious violent offenses, such as assault. When the allegations arise in the context of a domestic relationship, it is viewed as domestic violence, and these cases are taken even more seriously by the Crown Attorney and the Courts.

The bail judge will consider the danger posed by the accused to the complainant by examining the nature of the harassing conduct, the number of occurrences, and whether the behavior is escalating. While not deciding guilt or innocence, the judge will only release the accused if satisfied that the bail plan addresses the safety concerns of the complainant. A successful bail plan may include strict curfew conditions and/or GPS ankle-monitoring to minimize the judge’s concerns.

Sentencing for Criminal Harassment Charge

A person convicted of criminal harassment may end up with a criminal record, fines, probation, and in some circumstances, up to 10 years in jail. If placed on probation, the Court will almost always order the offender to have no contact or communication with the victim. The offender may also be required to complete counseling.

Defending Criminal Harassment Charge

Many cases of criminal harassment are simply a misunderstanding or miscommunication between parties. What one individual perceives as harassment, the other may see as an attempt to reconcile a relationship, find closure, or clarify childcare issues.

An effective cross-examination can call into question the credibility of the complainant, raising reasonable doubt. If there is reasonable doubt on any of the required elements of the offense, the Court must acquit the accused. A common defense strategy is to show that the accused was acting reasonably in the circumstances of their case.

It’s important to note that the Criminal Code also provides that the harassment must be without “lawful authority.” Therefore, if someone has a lawful reason to contact another person, they would not be guilty of criminal harassment. For example, the enforcement of a family court order for child access and visitation.

Related Criminal Harassment Topics

1. What are Protection Orders?