Stalking

If you’ve been charged with Stalking, you need the counsel of a knowledgeable and experienced criminal defense lawyer.  A knowledgeable and experienced criminal defense attorney knows what the State must prove and the consequences of a conviction of Stalking.  David Q. Burgess, who is available for a free consultation at (704) 377-9800, is a knowledgeable and experienced criminal defense lawyer that knows what the State must prove and the consequences of a conviction of Stalking.

In order to prove stalking, the prosecutor must prove beyond a reasonable doubt that the defendant either willfully, on more than one occasion, harassed another person without legal purpose or willfully engaged in a course of conduct directed at a specific person without legal purpose and the defendant knew or should have known that the harassment or the course of conduct would cause a reasonable person to either (1) fear for the person’s safety or the safety of the person’s immediate family or close personal associates or (2) suffer substantial emotional distress by placing that person in fear of death, bodily injury, or continued harassment.

Harassment is defined as knowing conduct, including written or printed communication or transmission, telephone, cellular, or other wireless telephonic communication, facsimile transmission, pager messages or transmissions, answering machine or voice mail messages or transmissions, and electronic mail messages or other computerized or electronic transmissions directed at a specific person that torments, terrorizes, or terrifies that person and that serves no legitimate purpose.

Course of conduct is defined as two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, is in the presence of, or follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Substantial emotional distress is defined as significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

A first conviction for stalking is a Class A1 misdemeanor.  A defendant who commits the offense of stalking after having been previously convicted of a stalking offense is guilty of a Class F felony. A defendant who commits the offense of stalking when there is a court order in effect prohibiting the conduct described under this section by the defendant against the victim is guilty of a Class H felony.

If you’ve been charged with Stalking, call David Q. Burgess for a free consultation at (704) 377-9800.