A harassment accusation can feel like a public attack on your character. Whether the allegations involve verbal threats, repeated messages, or personal confrontations, the consequences can be swift and severe—especially if a restraining order is involved. If you’re facing harassment charges in Orange County, you need to act fast.
At Not Guilty Law, our lead attorney Jeffrey Kent has over 30 years of criminal defense experience and a reputation for aggressive courtroom advocacy. As a leading harassment defense attorney in Fullerton, he works relentlessly to protect your freedom, your reputation, and your rights.
Understanding Harassment Charges in California
In California, criminal harassment is prosecuted under several laws depending on the nature of the conduct:
Penal Code § 422 – Criminal Threats
Making a credible verbal, written, or electronic threat to seriously harm another person.
Penal Code § 646.9 – Stalking
Repeated unwanted behavior that causes someone to feel threatened or unsafe.
Civil Harassment – Restraining Order Violations
This includes behavior that doesn’t rise to a criminal level but is still considered harassing under civil law—such as repeated texting, calling, following, or intimidating someone.
Even if the accusation doesn’t seem serious, harassment charges in Fullerton can result in real criminal penalties.
What the Prosecution Needs to Prove
To convict you of harassment or related charges, prosecutors must usually prove:
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A pattern of unwanted behavior
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That the alleged victim felt threatened, intimidated, or emotionally distressed
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That your actions were willful and malicious
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That you had no legal reason or justification for your behavior
That leaves plenty of room for misinterpretation or false accusations—which is exactly where we come in.
Penalties for Harassment in California
Depending on the charges and prior history, harassment can be prosecuted as a misdemeanor or a felony. Potential consequences include:
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County jail (up to 1 year) or state prison (up to 5 years)
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Restraining orders that limit where you can live or work
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Fines up to $10,000
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Court-ordered counseling or anger management
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Loss of gun rights
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Immigration consequences for non-citizens
The key to avoiding these penalties is early intervention by a qualified Fullerton harassment defense attorney. You can read more about how we handle serious criminal cases on our Practice Area page.
Common Situations That Lead to Harassment Charges
1. Breakups and Relationship Disputes
Texting or trying to communicate after a breakup may be viewed as harassment, even when intentions are innocent.
2. Workplace Conflicts
Arguments with coworkers or supervisors can sometimes result in police reports—especially if tempers flare.
3. Neighbor Disputes
Ongoing arguments about noise, pets, or property lines sometimes escalate into accusations of harassment.
4. Social Media Behavior
Posts, tags, or messages on Facebook, Instagram, or other platforms may be misinterpreted or used as evidence.
5. Civil Harassment Restraining Orders
Even if you’re not charged criminally, violating a civil harassment restraining order can lead to criminal charges.
We’ve successfully defended clients in all of these situations—and we’re ready to defend you.
Strategic Defenses to Harassment Charges
Our job is to make the prosecution prove every element of their case beyond a reasonable doubt. We use tailored defenses such as:
– Lack of Intent
You didn’t mean to harass or frighten anyone—and there was no threatening conduct.
– Protected Speech
If the accusation is based on something you said (online or in person), we may argue that your actions are protected under the First Amendment.
– False Accusations
Jealousy, revenge, or manipulation are common motives for false harassment claims.
– Lack of Evidence
We challenge witness testimony, text messages, surveillance footage, and other evidence for inconsistencies and reliability.
– No Pattern of Behavior
Many harassment laws require repeated behavior. A single message or encounter may not be enough to sustain charges.
Check out real examples of our defense strategies and victories on our Notable Cases page.
Restraining Orders and Harassment Charges
Most harassment accusations come with a temporary or permanent restraining order. Violating this order—intentionally or by accident—can lead to:
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New misdemeanor or felony charges
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Immediate arrest
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Harsher sentencing in the original case
Let our team help you fight or modify a restraining order to avoid mistakes that can cost your freedom.
If you’ve been served with one, do not contact the alleged victim. Contact us through our Contact page instead.
Why Choose Not Guilty Law?
You need more than just legal knowledge—you need a defense attorney who understands the emotional toll and social impact these charges bring. At Not Guilty Law, we provide:
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Decades of criminal defense experience in Fullerton courts
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Personalized defense strategies
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Direct access to lead attorney Jeffrey Kent
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Transparent, compassionate client service
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Proven results in sensitive harassment and stalking cases
Read what real clients have to say on our Client Reviews page:
“I was accused of harassing my ex after one angry voicemail. Mr. Kent took the time to understand what really happened and got the charge dismissed. I’m forever grateful.”
— Client, Fullerton
FAQs About Harassment Defense
Can I be arrested even if I didn’t threaten anyone?
Yes. Harassment doesn’t require physical violence or explicit threats. Emotional distress, repeated contact, or intimidation may be enough—but only if the prosecution proves intent.
What if the alleged victim started the conflict?
That can be used in your defense. If you were reacting to provocation or defending yourself verbally, we can present that context to the court.
Is it possible to avoid jail time?
Yes. In many first-offense cases, we negotiate alternatives like diversion programs, probation, or counseling instead of jail.
Will a harassment charge show up on my record?
Yes—unless we successfully get it reduced, dismissed, or later expunged. That’s why fighting the charge early is crucial.
Take Action Now – Call a Harassment Defense Attorney in Fullerton
The longer you wait, the harder it becomes to undo the damage. If you’ve been accused of harassment, don’t speak to police or the other party until you speak with us.
Schedule a free consultation now via our Contact page or explore our firm’s history on our About page. We’re here to protect your rights, clear your name, and give you the second chance you deserve.