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Criminal Law/Harrassment / 2nd Degree Harrassment

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Expert: - 5/20/2008


Question
We had a neighbor that owed us $1,500 on loans there were not being paid since June 2007. So we sent (2) certified letters, which they signed for in 2007, that included front & back copy of the check for $1,000. and then the receipts for other items that they owed us for. Still nothing paid. Then we sent (2) letters by regular mail again requesting that these loans be paid. Still nothing. I saw her outside and from my front porch called out to her, and asked her to please call me when her husband returned home so that we could meet out in the middle of the street and discuss these certified letters as I needed these loans paid. She began screaming at me and then one of her husband's friends drove by and she began then screaming that I had told to come into the street so I could kick her ass. In her warrant she wrote that I came to her residence which I did not do, they live directly across the street from my home. Then she screamed she was calling the police. I came inside my home and called the police myself. The Sgt. said there was No Reason for an officer to come out. Three weeks later I was arrested for harassment / 2nd degree in South Carolina. Please help and explain what this means? And how could I be accused of harassment when I was trying to collect on valid documented loans? PLEASE HELP

Answer
Sarah,

Harassment in the second degree means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position 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.

South Carolina Code Ann. § 16-3-1710. Penalties upon conviction for harassment in the second degree.  Amended 2005.

(A) Except as provided in Subsection (B), a person who engages in harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than thirty days, or both.

(B) A person convicted of harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both if:

(1) the person has a prior conviction of harassment or stalking within the preceding ten years; or

(2) at the time of the harassment an injunction or restraining order was in effect prohibiting the harassment.

(C) In addition to the penalties provided in this section, a person convicted of harassment in the second degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both.
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Ok, that is the legalese.  What you need to do Sarah is document everything that you told me including writing out a statement to the police with all dates and contact made with the neighbor.  Then attach copies of all letters you sent out requesting re-payment of the loan.  

That is your strategy, to show you just want your money back and that you have not been harassing anyone.  

On your packet that you create I would send a copy to the police department officer or detective who is handling the case with a cover letter telling him or her you want this information from you made a part of the official record.  Do the same to the District Attorney's office.  Then contact the DA's office and see if they will drop the charge and work with you.  

If not, when you go to court you can show that you are only trying to get your money back and having been doing it the right and proper way.

If you can afford it, a competent criminal defense attorney may be retained, but it sounds like from your information that you can do a good job of defending yourself.

Best of luck to you.  If this information was helpful to you please leave feedback on this site so others may learn from your question.

JP  

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Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL. Adjunct professor of Criminal Justice, Political Science, & Paralegal Studies teaching on the courses of: "Criminal Law;" "Constitutional Law;" "Bankruptcy Law for Paralegals;" "Real Estate Law for Paralegals;" "Psychological Profiling;" "Introduction to the Criminal Justice System," White Collar Crime;" "Crime Prevention;" "Risk Management;" "International Policing;" "Eight Skills of the Effective Criminal Justice Student;" "Deviance and Violence;" Criminal Justice Bachelor's Degree Capstone;" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development." 12 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, ANCOC, and Chemical Branch Officer Basic leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer serving in the U.S. Army.

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