Facing false accusations of harassment can be overwhelming, leaving you worried about your reputation, career, and even your freedom.
At Monan Gozzett, our specialist criminal defence solicitors are experienced in defending clients against false harassment allegations, offering urgent legal advice and robust representation.
The sooner you seek expert guidance, the stronger your defence can be.
For immediate, confidential advice, call our criminal defence solicitors on 020 7936 6329 or email info@monangozzett.com today.
What to Do if You’ve Been Falsely Accused of Harassment
If you have been accused of harassment, or if you believe that allegations may soon be made against you, it is important to contact an experienced criminal defence solicitor immediately. They can provide advice on what may happen next and how best to protect yourself.
You may:
- Receive a call or visit from the police asking you to attend an interview
- Be sent a letter or claim form from a firm of solicitors regarding a civil claim
In either situation, you should seek legal advice before making any arrangements or discussing your case with the police or solicitors.
Acting without professional guidance could put your defence at risk.
What Is Harassment?
Harassment is unwanted behaviour towards another person and makes them feel intimidated, distressed, humiliated or fearful.
Examples of behaviour that might constitute harassment include:
- Unwanted communication, such as telephone calls, texts, emails or messaging via social media
- Verbal abuse or threats
- Following, watching, or monitoring someone
- Publishing malicious information about someone
Harassment is, in fact, both a criminal offence and a civil cause of action under the Protection from Harassment Act 1997 (read more about our civil harassment services).
The severity of the claim against you will determine the route any potential prosecution takes.
Any allegation of harassment can be very serious, and you should seek legal representation immediately.
Harassment vs Stalking
Stalking is considered a specific form of harassment, and in 2012, the Protection from Harassment Act 1997 was explicitly amended through the Protection of Freedoms Act.
Stalking involves more specific behaviours than general harassment, typically including following someone, spying on them, forcing contact through any means, showing up uninvited at the victim's home or workplace, and other behaviours that cause fear of violence or serious alarm or distress.
Find out how Monan Gozzett can help if you have been falsely accused of stalking.
Defences Against False Harassment Allegations
If you have been falsely accused of harassment, there are statutory defences under the Protection from Harassment Act 1997 that may apply, depending on the details of your case.
These include:
- Prevention or detection of crime – showing that your conduct was pursued to prevent or detect crime
- Compliance with the law – demonstrating that your conduct was carried out to comply with a legal requirement
- Reasonableness – proving that your behaviour was reasonable in the circumstances
Each defence depends heavily on the facts and evidence of your case.
Seeking advice from experienced criminal defence solicitors is essential to determine whether these arguments can be used to protect you.
Sentencing and Penalties for Harassment
Allegations of harassment can have serious consequences.
The penalties depend on the circumstances of the case and how it is heard in court:
- Harassment without fear of violence – Up to 6 months’ imprisonment and/or a fine if dealt with in the Magistrates’ Court. Although rare, more serious cases may be sent to the Crown Court.
- Harassment causing fear of violence – Up to 5 years’ imprisonment and/or a fine if heard in the Crown Court.
In addition to prison sentences or fines, courts can also issue restraining orders.
These can apply even if a conviction is not secured. Breaching a restraining order is a criminal offence and can result in a prison sentence of up to 5 years.
Sentences may be increased by aggravating factors such as:
- The vulnerability of the alleged victim
- The duration of the harassment
- Any prior convictions of the defendant
Because of these risks, it is vital to seek immediate legal advice if you are facing false harassment allegations.
Why Choose Monan Gozzett?
At Monan Gozzett, we are committed to providing unparalleled criminal defence services to individuals facing false harassment allegations and other sensitive legal matters.
Our team of dedicated solicitors offers:
- Specialist expertise in defending against false allegations
- Tailored advice and robust representation for your unique circumstances
- Discreet, sensitive support throughout every stage of the process
- Nationwide coverage with 24/7 availability for urgent advice
Whether you need guidance before a police interview, support against a civil claim, or robust defence in court, we are here to protect your reputation and future.
False Accusations of Harassment: FAQs
There are statutory defences under the Protection from Harassment Act 1997, that exist against a harassment charge in England or Wales, which depend on the specifics of your case. The statutory defences are:-
- Prevention or Detection of Crime: It is a defence to show that the course of conduct was pursued for the purpose of preventing or detecting crime.
- Compliance with Enactment or Rule of Law: It is a defence to show that the conduct was pursued under any enactment or rule of law, or to comply with any condition or requirement imposed by any person under any enactment.
- Reasonableness: It is a defence to show that, in the particular circumstances, the pursuit of the course of conduct was reasonable.
Each defence is highly dependent on the details and evidence of the case. Legal advice from our solicitors, who specialise in harassment cases, is crucial for navigating these defences effectively.
In the UK, courts have several sentencing options for harassment offences, depending on the specifics of each case:
Harassment without fear of violence: Up to 6 months' imprisonment and/or a fine in Magistrates' Court. Cases rarely go to the Crown Court, but more severe sentences can be imposed if they do.
Harassment causing fear of violence: Up to 5 years imprisonment and/or a fine if the case is heard in Crown Court.
Additionally, courts can issue restraining orders to protect victims, which apply regardless of whether a conviction is achieved. Violating a restraining order can result in up to 5 years' imprisonment.
Sentences can be influenced by aggravating factors, such as the victim's vulnerability, the duration of the harassment, and the defendant's prior convictions. Legal advice is crucial for navigating these potential outcomes.
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.
Please note that we are unable to offer free legal advice. Our client services team are here to take your case details and explain any costs involved