Mecklenburg Stalking Lawyer

Contacting someone without their permission, whether the communication is conducted in person or online, could lead to a stalking charge, particularly when they asked previously to be left alone. Being charged with stalking could be shocking, and you may not understand how your actions contributed to such an offense.

If police accuse you of unwanted contact, you should consider speaking to a Mecklenburg County stalking lawyer. A seasoned domestic violence attorney could help you evaluate various effective legal options that could help you beat or reduce these charges.

Actions That Could Contribute to a Stalking Charge

Behaviors that could potentially factor into a stalking charge are often forms of conduct that could give someone reasonable fear of bodily injury, sexual assault, or death. These behaviors could include:

• Showing up to someone’s workplace
• Sending unwanted packages or gifts
• Following someone from place to place
• Repetitive messaging or calling

Avoiding contact or communication with the individual who has expressed that they would like to be left alone could decrease the likelihood of escalating an initial charge. A local stalking defense attorney who is familiar with this area of law could offer advice to reduce the possibility of enhancing the original offense.

Stalking Laws and Penalties

A stalking charge could lead to serious penalties, especially if an individual has prior convictions. Even if someone is accused of stalking a person across different states, that person may still be subject to Commonwealth law.

Under Code of Virginia § 18.2-60.3, even if someone’s conduct happened primarily outside Virginia, a single occasion of stalking conduct within the Commonwealth is all that is necessary for prosecution. An attorney in Mecklenburg could evaluate all possible options to maximize the strength of your defense and minimize the impact of a stalking charge.

Stalking Generally

Stalking occurs when an individual repeatedly and intentionally puts another person in reasonable fear of injury, death, or sexual assault to themselves or a family member. This definition does not apply to registered private investigators or law enforcement officers acting in the course of their official duties. This would also apply to cases when the person knows or should know that their conduct would put the targeted individual in reasonable fear of such dangers.

When someone is convicted of stalking, they face the penalties associated with a Class 1 misdemeanor. This means that the individual could spend up to 12 months in prison and/or be required to pay fines up to $2,500 under Va. Code. Ann. § 18.2-11(a). A person convicted of stalking would also be issued a court order forbidding any contact with the targeted individual or the targeted individual’s family.

Stalking with Previous Offenses

If someone in Mecklenburg County is convicted a second time within a five-year period for stalking the same person, and they are also convicted of a violent crime or violating a protective order against target or a member of their family, then stalking becomes a Class 6 felony. Examples of violent crimes include:

• Aggravated malicious wounding
• Shooting and stabbing
• Strangulation
• Assault and battery
• An attack with fire, acid, or explosives

If the individual is found guilty of a Class 6 felony for stalking, they would face penalties ranging from one to five years’ imprisonment or, at the court or jury’s discretion, up to 12 month’s imprisonment and/or up to $2,500 in fines. When an individual is found guilty of stalking and has at least two previous stalking offenses on their record, or offenses from other jurisdictions that would qualify as stalking under Commonwealth law, within a period of five years, the person would also be guilty of a Class 6 felony. A criminal defense lawyer could mitigate the severe penalties associated with stalking charges.

Call a Mecklenburg Stalking Attorney Today

If you are facing these charges in any capacity, you may benefit from speaking with a dedicated Mecklenburg stalking lawyer. The court process involved in a stalking offense could quickly become complex and difficult to understand, but a skilled attorney from price Benowitz could advocate for a fair trial on your behalf by examining the evidence presented by the prosecution. Call now to arrange a free case evaluation and start preparing your defense.