Stalking includes consistently following, pestering, and/or threatening somebody to the point where they fear for their safety or that of their family. When done frequently or repeatedly, a variety of behaviors can fit this meaning:
- Following a colleague house every night
- Facing an ex "by mishap" at their preferred locations
- Making bothering telephone call
- Sending numerous letters, emails, or texts
- Driving by somebody's house or office
- Sending out undesirable gifts
Stalking is a serious crime that can be a felony or misdemeanor. All 50 states have criminal laws against stalking and the specific meaning of the crime differs amongst jurisdictions however usually involves a pattern of following, viewing, or monitoring another person with the intent to harass, terrify, frighten, threaten, or trigger the individual emotional distress.
Felony and Misdemeanor Stalking
Misdemeanor stalking is often referred to 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 offender already has actually been bought to keep away from the victim under a court order for no contact, a restraining order, or an order of protection
- the stalking involves particular dangers to hurt the victim or those near to the victim, or
- the stalking causes serious emotional distress to the victim.
What to Do and Not Do
If you find out the cops are examining you or you are charged with stalking, you ought to retain a lawyer as soon as possible. Be prepared to provide your attorney any information you have about the case, the victim, and your relationship with the click here victim.
There likewise are a number of things you ought to not do if you discover you are being investigated for or charged with stalking. You must not:
- try to talk to the victim about the case or have any contact with the victim
- talk with police or other detectives without an attorney present, or
- offer any proof to law enforcement without consulting with a legal representative initially-- even if you believe the proof will reveal you are not guilty of the alleged criminal activity
The Defense Strategy
As with any criminal charge, the prosecution needs to show stalking beyond a sensible doubt. The following are examples of arguments that, if applicable, can beat a charge of stalking:
- the prosecution failed 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 accused was taking a trip to his neighboring fitness center).
- the victim lied about what happened, and.
- the victim purposefully or incorrectly identified the incorrect person as the offender.
Make Certain to Speak With an Attorney
A knowledgeable and well-informed criminal defense attorney will understand the possible defenses to a stalking charge and the problems that need to be checked out. An attorney can offer you info about the criminal law process and legal suggestions, examine the case, and represent you in court if you have been officially charged.
For more information contact:
Douglas Crawford Law
1404 S Jones Blvd
Las Vegas, NV 89146
(702) 383-0090
Criminal Lawyers Las Vegas
Las Vegas Criminal Law
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Stalking Defense Attorneys Las Vegas