Harassment Charges

Harassment Defense Lawyers in Alabama

Harassment in Alabama is a Class C misdemeanor under Alabama Code § 13A-11-8, carrying up to 3 months in jail and a $500 fine. When the victim is a family member, the charge escalates to domestic violence in the third degree, a Class A misdemeanor. An experienced defense attorney can challenge the allegations, protect your record, and fight for the best possible outcome.

All inquiries are 100% confidential. Our team is here to defend your constitutional rights at every step of your case.

Understanding Harassment Charges in Alabama

Alabama’s harassment statute covers a broader range of conduct than most people expect. The state does not require physical injury — or even physical contact — to bring a harassment charge. The key element is intent: the state must prove the defendant acted with intent to harass, annoy, or alarm another person.

Harassment — Class C Misdemeanor

Under Alabama Code § 13A-11-8(a), a person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:

•       Strikes, shoves, kicks, or otherwise touches a person or subjects them to physical contact

•       Directs abusive or obscene language or makes an obscene gesture toward another person

•       Makes a threat, verbal or nonverbal, with the intent to carry out the threat, that would cause a reasonable person to fear for their safety

A conviction carries up to 3 months in county jail and a fine of up to $500 under §§ 13A-5-7 and 13A-5-12.

Harassing Communications — Class C Misdemeanor

Under § 13A-11-8(b), a person commits harassing communications if, with intent to harass or alarm, he or she:

•       Communicates by telephone, mail, or any form of written or electronic communication in a manner likely to harass or cause alarm

•       Makes a telephone call with no purpose of legitimate communication

•       Addresses lewd or obscene words or language to another person by telephone

The same Class C misdemeanor penalties apply. Text messages, emails, social media messages, and voicemails all fall within the scope of this statute.

Is Verbal Harassment a Crime in Alabama?

Yes. Alabama’s harassment statute explicitly criminalizes directing abusive or obscene language toward another person when done with intent to harass, annoy, or alarm. A verbal threat that would cause a reasonable person to fear for their safety also qualifies as harassment under § 13A-11-8(a)(2). No physical contact is required. However, the state must prove the specific intent element — casual arguments, heated exchanges, or words spoken without harassing intent may not meet the legal threshold.

When Harassment Escalates to Domestic Violence

When the alleged victim is a current or former spouse, parent, child, household member, or someone with whom the defendant has a dating or engagement relationship, a harassment charge is automatically elevated to domestic violence in the third degree under § 13A-6-132. This is a Class A misdemeanor carrying up to one year in jail, a $6,000 fine, and a mandatory minimum sentence of six months on a third or subsequent conviction. A domestic violence conviction also triggers a federal firearms prohibition under 18 U.S.C. § 922(g)(9). For a detailed breakdown of how domestic violence charges work in Alabama, see our domestic violence defense guide.

When Harassment Escalates to Stalking

If the harassing behavior is repeated and accompanied by a threat — expressed or implied — that places the victim in reasonable fear of death or serious bodily harm, the charge escalates to stalking in the first degree under § 13A-6-90. Stalking in the first degree is a Class C felony carrying 1 to 10 years in prison. If the stalking violates a court order or protection order, the charge becomes aggravated stalking in the first degree under § 13A-6-91, a Class B felony carrying 2 to 20 years. 

Penalties at a Glance

A harassment charge that appears minor at arrest can escalate quickly based on the relationship between the parties, prior history, and the presence of any protective orders. Understanding your total exposure from the outset is essential.

Criminal Record Consequences

Even a Class C misdemeanor harassment conviction creates a permanent criminal record in Alabama. That record appears on background checks and can affect employment, housing, professional licensing, and educational opportunities. If the conduct involved a family member, a domestic violence conviction triggers a lifetime federal firearms prohibition. Alabama does allow expungement of certain misdemeanor convictions — but only after specific waiting periods and conditions are met. Avoiding a conviction in the first place is always the strongest outcome.

For more information on clearing your record, visit our Alabama expungement page.

Strategic Legal Defense for Harassment Cases

Being charged does not mean being convicted. At JB Brown Criminal Trial Practice, we evaluate every available defense from the moment you retain us and build a strategy around the specific facts of your case.

Challenging Intent

Harassment requires proof that the defendant acted with specific intent to harass, annoy, or alarm. Heated arguments, mutual confrontations, and misunderstood communications often lack the intent element the state must prove. We examine the full context of the interaction to undermine the state’s case on intent.

Self-Defense and Provocation

If the defendant was responding to a physical threat or was provoked, the conduct may not meet the legal definition of harassment. We document the full sequence of events, including any aggressive behavior by the alleged victim that preceded the charged conduct.

First Amendment Protections

Alabama’s harassment statute covers “abusive or obscene language,” but the First Amendment limits how broadly that language can be criminalized. Speech that is offensive but does not constitute a true threat or fighting words may be constitutionally protected. We evaluate whether the charged speech falls within protected expression.

False Allegations and Witness Credibility

Harassment charges frequently arise from relationship disputes, neighbor conflicts, workplace grievances, and custody battles. We examine the accuser’s motivations, prior statements, inconsistencies in the account, and any communications that contradict the allegation.

Unlawful Arrest and Procedural Violations

If the arrest was made without probable cause, or if law enforcement failed to follow proper procedures, we move to suppress evidence and challenge the validity of the charge.

Why Experience Matters

Harassment cases require an attorney who understands the escalation pathways — from misdemeanor harassment to domestic violence to stalking — and who can prevent a minor charge from becoming a life-altering conviction. Our attorneys have handled these cases at every stage in Birmingham, Huntsville, Mobile, and across Alabama.