Criminal Harassment

Experienced Massachusetts Criminal Defense Attorney Committed to Defending Clients Against Serious Domestic Violence Offenses

Criminal harassment charges often stem from breakups, arguments, or any strained personal relationship—but the consequences are anything but personal. Once the Commonwealth gets involved, it may feel like you aren’t being treated like a person at all. You’ll be facing the criminal justice system, which can lead to a possible restraining order and penalties that could affect your job, your freedom, and your reputation. At the Law Office of Patrick J. Murphy, we understand that domestic harassment allegations are rarely one-sided. As a Boston domestic violence defense lawyer with over 27 years of experience, Attorney Murphy defends individuals accused of criminal harassment throughout Boston and works to expose the false assumptions that often drive these cases.

How Massachusetts Defines Criminal Harassment

Under Massachusetts General Laws Chapter 265, Section 43A, criminal harassment involves:

• A pattern of conduct or series of acts
• Directed at a specific person
• Intended to cause fear, intimidation, abuse, or emotional distress
• That would cause a reasonable person to suffer substantial emotional distress

This is different from stalking, which requires a victim to feel threatened with bodily harm or death. Criminal harassment focuses on emotional distress caused by repeated contact, messages, or conduct—even if there was no direct threat of violence.

In a domestic violence context, this often includes accusations between former romantic partners, ex-spouses, or family members. If the alleged victim lives in your home or has a shared history with you, prosecutors may classify the case as a domestic violence offense, triggering enhanced scrutiny and court-imposed stay-away orders.

The Kinds of Actions That Can Lead to Criminal Harassment Charges

What the Commonwealth considers “harassment” is broader than many people think. You can be charged for a series of actions that might not be illegal on their own but, when combined, are claimed to cause distress.

Examples include:

• Repeated text messages or phone calls
• Unwanted visits to someone’s home or workplace
• Following or appearing unexpectedly in public
• Social media contact after being asked to stop
• Sending unwanted gifts or letters

Even actions you may view as harmless or well-intended—like checking in, apologizing, or asking to talk—can be viewed as harassment if they continue after you’ve been told to stop.

What Prosecutors Must Prove

To convict someone of criminal harassment, the Commonwealth must show:

• You engaged in a pattern of conduct (at least three separate incidents)
• Your conduct was targeted at a specific person
• You intended to cause distress, fear, or intimidation
• A reasonable person would suffer substantial emotional distress from your actions
• The alleged victim actually did suffer such distress

These cases often come down to interpretation. Was your behavior intentional and harmful—or misunderstood, emotional, or mutual? That’s where a good Boston criminal harassment attorney comes in.

Common Defenses to Criminal Harassment Charges

Attorney Murphy tailors each defense to the facts of the case, but several strategies can apply, depending on the nature of the case:

No intent to harass. If your conduct was motivated by legitimate concerns—such as co-parenting communication, shared property issues, or efforts to reconcile—it may not meet the threshold for criminal harassment.

Mutual or consensual contact. If both parties continue communication or maintain social media connections, that may weaken claims of “unwanted” or “distressing” contact.

Lack of emotional harm. The prosecution must show actual emotional distress. If the alleged victim’s own behavior contradicts their claims—such as replying to messages or initiating contact—that may support your defense.

Misidentification or false accusations. In some cases, harassment complaints are used as leverage in custody battles, divorces, or restraining order disputes. A thorough investigation may reveal ulterior motives or a lack of credibility.

Insufficient pattern. One or two awkward interactions—even if upsetting—do not meet the requirement for a repeated pattern of harassment under the statute.

The Consequences of a Criminal Harassment Conviction

Although classified as a misdemeanor, criminal harassment carries serious penalties:

• Up to 2½ years in jail
• Fines up to $1,000
• Probation and mandatory counseling
• A permanent criminal record
• Restraining orders or stay-away conditions
• Immigration consequences for non-citizens

If you are convicted of a second offense—or if the charge is combined with other domestic allegations—the penalties may increase substantially. Even before trial, judges may issue restraining orders that force you out of your home or restrict access to your children.

Start Building a Strong Defense Today

Criminal harassment cases can be deeply personal, but the courts treat them as serious public matters. That means your words, actions, and past relationship will all be under scrutiny. You don’t need to navigate this minefield on your own. With decades of experience in domestic violence-related charges, Patrick J. Murphy is a Boston harassment lawyer who can help protect your rights, tell your side of the story, and work toward the best possible resolution. Call the Law Office of Patrick J. Murphy at (617) 367-0450 today for a confidential consultation. Early action can make the difference between a case that defines your future and one that’s put behind you.