Stalking is an old condition that is being addressed with new, stronger laws. The reason for new laws against stalking arises out of several high profile cases of celebrity stalking where victims were seriously injured or killed. After the first stalking law in 1990, all states in this country have now enacted stalking laws, although they can be found under a variety of names, including "criminal harassment" or "criminal menace."
Stalking can be accompanied by a number of activities, including following someone, emailing, making repeated phone calls, appearing at their home or place of business, leaving messages or gifts, vandalizing their property, or other harassing activities that are unwanted and rejected. Some of these activities are not crimes in themselves, but when they becoming threatening, they constitute stalking or harassment. However, stalking is difficult to specifically define and prove.
Consequences of Charges
Stalking is a serious crime, when it can be proved. However, the definition of “stalking” can refer to a number of legal activities. As a result, not many stalking charges result in convictions, and many law enforcement officials do not pursue them unless there is some evidence of violence. When a suspect is convicted, there are a number of consequences that can haunt the perpetrator’s life for years to come, including showing a criminal conviction on their record that stays on a person’s record for life, affecting job applications, credit checks, security clearances, and professional licenses.
Sentencing and Penalties
While the penalties for stalking vary by state, many include fines and prison sentences that range from misdemeanors to felonies and from $1,000 to $10,000 in fines and 1 year to 15 years in prison. However, there generally must be some evidence of violent threats or actions in order to prove these accusations. In addition, if the victim was granted a restraining order against the perpetrator at some point in the period during which the stalking was to have occurred, that can strengthen the case against a perpetrator.
Defense against this Charge
Because this charge is so difficult to prove, there are a number of defenses that a suspect can use to defend against it:
- The actions of the accused were misunderstood
- The victim used a charge of stalking to further their divorce or child custody case
- Lack of evidence
- An emotional disorder on the part of the so-called victim who invented the stalking accusation
When to Talk to a Lawyer
While there are defenses to the charge of stalking, it can become a question of one person’s word against another’s without evidence, expert testimony, and police documentation. That is why it is vital to contact a criminal defense attorney when faced with stalking charges. They can help reveal the real facts and have the charges dropped for those who are innocent. They can also present a case for lesser charges for those who merely need help, not a criminal record for life.
