Harassment and Stalking Defence Solicitors
Specialist criminal solicitors and barristers at representing clients who have been accused of Harassment or Stalking.
If you are facing a prosecution for Harassment or Stalking, our specialist Private Funded criminal defence solicitors are available to help. We can advise, guide and represent you at the Police Station, through to a Trial at Court. If you would like to speak with one of our lawyers regarding a prosecution for harassment, please call us on 0345 222 9955 or complete our Contact Form and we will call you back to discuss the options available and the cost of legal representation.
Call Our Solicitors
What is Harassment?
Harassment is a Criminal Offence which is contained within Section 2 of the Protection from Harassment Act 1997. This is defined as the repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person.
For a person to be convicted of this offence, the prosecution must prove, beyond reasonable doubt that the Defendant pursued a course of conduct which amounted to ‘harassment’ of another person and that it was known that harassment would be caused.
A prosecution for this offence requires proof of harassment. In addition, there must be evidence to prove the conduct was targeted at an individual, was calculated to alarm or cause the other person distress and was oppressive and unreasonable.
The primary intention of collective harassment is not specifically directed towards an individual but at members of a group. This may include members of the same family, residents of a neighbourhood, groups of a specific identity including ethnicity or sexuality or specific trades and professions.
Harassment of an individual can also occur when a person is harassing others connected with a individual, knowing that this behaviour will affect their victim as well as the other people that the person appears to be targeting their actions towards. This is known as ‘stalking by proxy’. Family members, friends and employees of the victim may be subjected to this.
Elements of The Offence
For a person to be prosecuted, the following elements must be satisfied:
- Harassment has taken place
- The conduct was unreasonable
- The conduct was oppressive
- The conduct was targeted at an individual
- The conduct was calculated to cause alarm or distress
Whether a course of conduct amounts to harassment will depend upon the individual circumstances of each case the background. Examples of behaviour that may lead to such a charge include, but is not limited to:
- Frequently contacting somebody by telephone, email or digital messages
- Making unwanted or malicious communications
- Frequently sending unwanted gifts
- Putting somebody else under surveillance
- Waiting outside somebody’s house
- Repeatedly photographing or filming another person
Under Section 1(3) of the Protection from Harassment Act 1997 there are multiple defences available:
- (a)that it was pursued for the purpose of preventing or detecting crime,
- (b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
- (c)that in the particular circumstances the pursuit of the course of conduct was reasonable.
- (d)that the course of conduct was pursued for the purpose of preventing or detecting crime;
- (e)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment; or
- (f)that in the particular circumstances the pursuit of the course of conduct was reasonable.
Consequences of a Criminal Conviction
Our top-rated criminal defence team understand that being prosecuted will have a devastating impact upon your career, future income and your professional profile. For that reason, we leave no stone unturned when it comes to scrutinising the evidence and planning a strong defence strategy.
We appreciate that for many white-collar workers and regulated professionals a conviction for a crime could result in a professional regulatory body such as the Solicitors Regulation Authority, General Medical Council or Financial Conduct Authority assessing whether you remain suitable to continue in your profession given the criminal conviction on your record. We aim to secure the best possible outcome for all our clients, as a conviction could result in life changing consequences or prevent you from continuing your chosen career path.
It is important to appreciate that a relatively minor conviction, such as harassment, may not result in a custodial sentence (prison). However, a conviction could potentially result in the end of your career or issues with other aspects of your life, such as travelling to other countries for holidays or work. Our lawyers understand that being prosecuted can be a tough time and your case is a priority for us. Instructing our specialist top-ranked criminal lawyers to represent you will give you the best possible chance of a successful outcome and we will fight your corner to win.
A criminal record for an offence such as harassment could also cause difficulties in family law / care proceedings. A criminal conviction will create a further obstacle to overcome in those proceedings. The lawyer you choose to instruct to defend your case will have a significant impact upon the direction and outcome of the case, therefore you should take serious consideration when choosing the law firm.
To contact one of our specialist private crime lawyers, phone us on 0345 222 9955 for an initial telephone case assessment and a no obligation fixed fee quotation or fill out our contact form and we will get back to you.
Sentence for Harassment
You will only receive a ‘sentence’ if you plead guilty or are found guilty after a trial. It is important to appreciate that a conviction for this offence will result in a criminal record and the repercussions of a criminal record are individual and based upon your particular career or profession. In some professions a criminal record can result in dismissal from work.
A conviction under Section 2 can result in a prison sentence of up to 6 months and a Court fine.
AGREED FEE CRIMINAL LAWYERS
Our Agreed Fees for Private Crime cases start from;
£1500 + VAT
Paying Privately for Court Cases
We have been covering only private client criminal cases for many years and the benefits to our clients are clear. Our clients receive a much higher level of legal expertise and attention, because they are funding their cases privately. This enables us to dedicate more time in preparing the case, compared with firms that may also offer legal aid. Legal aid lawyers (Duty Solicitors) are often over-worked and are covering more cases than they should, as the nature of their work is not profitable, and this can result in your case not receiving the time and attention it deserves.
Our private client solicitors are specialists in their field, have significant experience and will have dealt with other cases like yours in the past and will know the best strategies to achieve a not guilty verdict.
How Much Will a Private Solicitor Cost Me?
Each client, and each case is individual and different, for that reason there are no set fees for our cases, because the cost will be determined by the number of offences, the nature of the offence and the evidence in the case. If you are interested in appointing us as your lawyers, please call us and we can provide you with an estimate on the cost to take your case to trial.
Our fees for representation at the First Magistrates’ Court Hearing start from £1,500+VAT and this will include a meeting with one of our lawyers, initial detailed legal advice and representation at the First Magistrates’ Court Hearing.
When Should You Contact Our Specialist Criminal Solicitors?
If you are suspected of committing this crime, have been asked to attend the police station or have recently been charged, please contact us as soon as possible. Seeking legal advice at an early stage will significantly increase the prospects of a successful outcome and will ensure that your defence is properly established from the outset. Contacting us at an early stage of the investigation or immediately after charge will enable us to advise you of the cost of representation, how you ought to plead and the options available to you.
Request A Callback or Email from a Kang & Co Solicitor
Do you require a solicitor? Please don't hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team of solicitors will contact you as soon as possible to discuss your requirements and your options.
Birmingham Head Office
1 Victoria Square
5 Chancery Lane
Milton Keynes Office
494 Midsummer Boulevard
Milton Keynes, MK9 2EA