Harassment

An accusation of harassment can be both frustrating and confusing, especially when the situation stems from a misunderstanding, a private argument, or an emotionally charged relationship. But once law enforcement gets involved, a personal dispute can quickly become a criminal matter. In Arizona, harassment is a crime that carries real consequences—including jail time, fines, and restraining orders. If you’ve been accused, you need a Phoenix harassment attorney who understands both the legal system and the human side of these cases. At the Law Office of James E. Novak, we’re here to protect your rights and help you move forward with confidence.

What Is Harassment Under Arizona Law?

Arizona’s harassment law, found in A.R.S. § 13-2921, covers a wide range of conduct. In short, you can be charged with harassment if someone claims that you intentionally engaged in behavior meant to seriously alarm, annoy, or intimidate them—and that your actions had no legitimate purpose.

Examples of actions that may lead to harassment charges include:

  • Constant or threatening phone calls, texts, emails, or messages
  • Following someone in public or repeatedly showing up where they are
  • Stalking behavior that doesn’t rise to the felony level
  • Surveillance of someone’s home or workplace without consent
  • Filing false reports or complaints to harass the person indirectly

What makes harassment cases complicated is how subjective they can be. The law is based not only on what the accused did, but also on how those actions made the other person feel. What might seem like a harmless message to one person may be seen as threatening or excessive by another.

How Do Harassment Charges Typically Arise?

In our experience, harassment charges often don’t come out of the blue. They usually emerge from pre-existing personal or emotional conflict—frequently tied to:

  • Breakups or rocky romantic relationships
  • Custody disputes or co-parenting disagreements
  • Neighborhood or roommate tensions
  • Family rifts, especially involving adult children or in-laws
  • Workplace conflicts, particularly when HR gets involved

These charges may follow a heated text exchange, a misinterpreted voicemail, or repeated attempts to resolve a dispute. In some cases, people file harassment complaints as a way to gain leverage in a divorce or custody battle. No matter how the case starts, the legal consequences can quickly spiral out of control.

What Happens After You’re Charged?

A harassment charge is typically a class 1 misdemeanor, which is the most serious level of misdemeanor under Arizona law. If convicted, you could face:

  • Up to 6 months in jail
  • A fine of up to $2,500 (plus surcharges)
  • Probation and mandatory counseling
  • A restraining order or injunction against harassment
  • A permanent criminal record

If the charge involves someone you’ve lived with or been in a romantic relationship with, the case may also be tagged as domestic violence, which can trigger additional penalties—such as a firearm ban, court-ordered treatment, and longer-lasting court supervision.

You May Have a Good Defense to Harassment Allegations

Because harassment laws rely heavily on the intent behind your actions and the interpretation of your conduct, these cases are often highly defensible with the right strategy. A few common defenses include:

  • You lacked criminal intent: If your contact had a legitimate reason—such as arranging parenting time or resolving a shared financial issue—it might not meet the legal threshold for harassment.
  • The situation arose from a one-time event: Harassment typically involves a course of conduct—meaning repeated actions over time. A single unpleasant interaction is often not enough.
  • The alleged victim’s reaction was unreasonable: The other person’s claim that they felt threatened or harassed may not be supported by the facts, especially if your communication was polite or brief.
  • Your actions constituted free speech: Some forms of communication, even if unwelcome, may be constitutionally protected.
  • The alleged victim falsified the allegations: It’s not uncommon for someone to file harassment charges out of anger, revenge, or to gain the upper hand in a related legal matter.

Each case must be looked at in context, and our job is to challenge assumptions, question the evidence, and bring your side of the story into the light.

What You Should Do Next if You’ve Been Charged with Harassment in Maricopa County

If you’ve been charged or are under investigation for harassment, do not try to explain yourself to the police or the other party. Even a well-intentioned message or conversation can be used against you. Instead, get legal representation immediately.

At the Law Office of James E. Novak, we help people accused of harassment throughout Maricopa County. We take the time to learn what really happened—and we fight to protect your future.

Talk to a Criminal Defense Attorney Who Understands What You’re Going Through

You don’t have to face harassment charges alone. Whether this accusation came out of a messy personal dispute or an honest mistake, you deserve a defense that’s strategic, compassionate, and designed to get you out from underneath the charges you’re facing. Let us help you set the record straight. Call the Law Office of James E. Novak at 480-413-1499 or contact us through our secure online form to schedule a free consultation. We’re ready to help you fight back with confidence.

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 I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him.

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James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation.

- S. G.

Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs.

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