Stalking includes consistently following, bugging, and/or threatening somebody to the point where they fear for their security or that of their household. When done often or repeatedly, a variety of behaviors can fit this definition:
- Following a colleague house every night
- Facing an ex "by mishap" at their preferred locations
- Making bothering phone calls
- Sending numerous letters, e-mails, or texts
- Driving by somebody's house or work environment
- Sending unwanted presents
Stalking is a severe criminal activity that can be a felony or misdemeanor. All 50 states have criminal laws versus stalking and the particular meaning of the criminal offense varies among jurisdictions but typically involves a pattern of following, seeing, or keeping an eye on another individual with the intent to pester, terrify, frighten, threaten, or trigger the person emotional distress.
Felony and Misdemeanor Stalking
Misdemeanor stalking is often described as "harassment." The scenarios that make stalking a felony differ with each state's law. In a lot of states, stalking is a misdemeanor unless:
- the criminal offense is a second or subsequent offense
- the stalking is committed when the transgressor currently has actually been purchased to stay away from the victim under a court order for no contact, a restraining order, or an order of defense
- the stalking includes particular risks to harm the victim or those close to the victim, or
- the stalking causes severe psychological distress to the victim.
What to Do and Refrain from doing
If you discover the authorities are investigating you or you are charged with stalking, you need to keep an attorney as soon as possible. Be prepared to give your lawyer any info you have about the case, the victim, and your relationship with the victim.
There also are several things you need to refrain from doing if you learn you are being examined for or charged with stalking. You should not:
- attempt to speak to the victim about the case or have any contact with the victim
- speak learn more with law enforcement or other private investigators without a lawyer present, or
- give any proof to police without speaking with a lawyer initially-- even if you think the evidence will reveal you are innocent of the alleged criminal activity
Legal Argument Against the Charge
Just like any criminal charge, the prosecution must show stalking beyond a sensible doubt. The following are examples of arguments that, if applicable, can beat a charge of stalking:
- the prosecution stopped working to prove each component of the criminal offense beyond a reasonable doubt (for example, the prosecution didn't show that the defendant followed the victim due to the fact that it's just as most likely that the defendant was taking a trip to his close-by gym).
- the victim lied about what took place, and.
- the victim deliberately or incorrectly identified the incorrect person as the transgressor.
Make Sure to Consult a Lawyer
A skilled and knowledgeable criminal defense lawyer will know the possible defenses to a stalking charge and the issues that require to be explored. An attorney can provide you details about the criminal law process and legal guidance, investigate the case, and represent you in court if you have been formally charged.
For more information contact:
Douglas Crawford Law
1404 S Jones Blvd
Las Vegas, NV 89146
(702) 383-0090
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