Michigan Stalking Law Defense Attorney
Experienced and effective attorneys with an unparalleled track record of success defending felony and misdemeanor stalking charges in Michigan.
Michigan Stalking Defense Attorney
Stalking is behavior wherein an individual willfully and repeatedly engages in a knowing course of harassing conduct directed at another person, which reasonably and seriously alarms, torments, or terrorizes that person. A Michigan stalking defense attorney will do everything possible to protect their client from overzealous prosecutors and exaggerated allegations. A skilled criminal attorney will persuade a judge to focus on rehabilitation instead of punishment if a conviction is unavoidable.
Stalking Allegations and How to Stop Charges in Michigan
If someone makes a stalking allegation in Michigan, are charges inevitable? No! In many cases, allegations of stalking are untruthful, exaggerated, or motivated by revenge or spite. Unless the government knows both sides, they will likely believe the allegations and move forward with felony or misdemeanor stalking changes in court. As anyone knows from watching television or reading the news, anything a suspect says “can and will be held against them.” So, the accused cannot come forward on their own, talk with police, or blindly hand over exculpatory evidence without it being turned and twisted against them in court. This is where a pre-charge defense lawyer can step in and advocate for the accused to prevent charges. Anyone accused of a crime should never talk with the police without qualified legal representation. If you are accused of stalking, your best defense strategy is to contact us immediately.
Aggravated Stalking is a felony in Michigan.
Few charges catch the attention and focus of a zealous prosecutor and harsh judge more than aggravated stalking. The government often assumes the accused individual is evil or mentally unstable. The truth is that these charges often result from false or exaggerated allegations or are made up by a person who is mentally ill. In those cases where it is appropriate for a defendant to take responsibility for aggravated stalking, a skilled Michigan stalking defense attorney will persuade a judge to consider a sentence that does not include jail or prison. By effectively demonstrating that a defendant is human and not just a number or statistic, a skilled Michigan stalking defense attorney can compel a judge to focus on rehabilitation, instead of punishment.
Not Guilty of Michigan Stalking Charges
Innocent people face wrongful charges in the United States daily. While most defense lawyers lack the skill or courage to face the government and put up a robust defense for their client, the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. does this in Michigan daily! Our stalking defense attorneys are skilled, experienced trial lawyers who know how to fight and win at trial or in negotiations with the government. We have hundreds of trial wins in felony and misdemeanor courts throughout Michigan. When you hire our team, you can expect the following:
- fearless trial lawyers fighting to get you every possible advantage
- outstanding communication and follow-up
- a knowledgeable team that won’t miss any opportunity to succeed in your case
- fair and affordable legal fees
- attorneys who are loyal only to you and never cave to the government because they are afraid to fight to win.
Michigan Stalking Defense Attorneys
If you are charged with a felony or misdemeanor stalking in Michigan, you need Michigan Stalking Defense Lawyers who are not afraid to defend you against a prosecutor’s office with unlimited resources and a will to impact your life in a very negative way. The team of defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. is ready, willing, and able to stand between you and the prosecutors and judges who will come after you. Call us for a free consultation. We will find a way to help you.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
Michigan Stalking – The Law
750.411h Stalking; definitions; violation as misdemeanor; penalties; probation; conditions; evidence of continued conduct as rebuttable presumption; additional penalties.
Sec. 411h.
(1) As used in this section:
(a) “Course of conduct” means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.
(b) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
(c) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.
(d) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(e) “Unconsented contact” means any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:
(i) Following or appearing within the sight of that individual.
(ii) Approaching or confronting that individual in a public place or on private property.
(iii) Appearing at that individual’s workplace or residence.
(iv) Entering onto or remaining on property owned, leased, or occupied by that individual.
(v) Contacting that individual by telephone.
(vi) Sending mail or electronic communications to that individual.
(vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.
(f) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(2) An individual who engages in stalking is guilty of a crime as follows:
(a) Except as provided in subdivision (b), a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(b) If the victim was less than 18 years of age at any time during the individual’s course of conduct and the individual is 5 or more years older than the victim, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.
(3) The court may place an individual convicted of violating this section on probation for a term of not more than 5 years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:
(a) Refrain from stalking any individual during the term of probation.
(b) Refrain from having any contact with the victim of the offense.
(c) Be evaluated to determine the need for psychiatric, psychological, or social counseling and if, determined appropriate by the court, to receive psychiatric, psychological, or social counseling at his or her own expense.
(4) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(5) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
Michigan’s Aggravated Stalking Law
750.411i Definitions; aggravated stalking; circumstances; violation as felony; penalty; probation; additional conditions of probation; effect of continued course of conduct; rebuttable presumption; additional penalty.
Sec. 411i.
(1) As used in this section:
(a) “Course of conduct” means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.
(b) “Credible threat” means a threat to kill another individual or a threat to inflict physical injury upon another individual that is made in any manner or in any context that causes the individual hearing or receiving the threat to reasonably fear for his or her safety or the safety of another individual.
(c) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
(d) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.
(e) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(f) “Unconsented contact” means any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:
(i) Following or appearing within the sight of that individual.
(ii) Approaching or confronting that individual in a public place or on private property.
(iii) Appearing at that individual’s workplace or residence.
(iv) Entering onto or remaining on property owned, leased, or occupied by that individual.
(v) Contacting that individual by telephone.
(vi) Sending mail or electronic communications to that individual.
(vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.
(g) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(2) An individual who engages in stalking is guilty of aggravated stalking if the violation involves any of the following circumstances:
(a) At least 1 of the actions constituting the offense is in violation of a restraining order and the individual has received actual notice of that restraining order or at least 1 of the actions is in violation of an injunction or preliminary injunction.
(b) At least 1 of the actions constituting the offense is in violation of a condition of probation, a condition of parole, a condition of pretrial release, or a condition of release on bond pending appeal.
(c) The course of conduct includes the making of 1 or more credible threats against the victim, a member of the victim’s family, or another individual living in the same household as the victim.
(d) The individual has been previously convicted of a violation of this section or section 411h.
(3) Aggravated stalking is a felony punishable as follows:
(a) Except as provided in subdivision (b), by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.
(b) If the victim was less than 18 years of age at any time during the individual’s course of conduct and the individual is 5 or more years older than the victim, by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.
(4) The court may place an individual convicted of violating this section on probation for any term of years, but not less than 5 years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:
(a) Refrain from stalking any individual during the term of probation.
(b) Refrain from any contact with the victim of the offense.
(c) Be evaluated to determine the need for psychiatric, psychological, or social counseling and, if determined appropriate by the court, to receive psychiatric, psychological, or social counseling at his or her own expense.
(5) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(6) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for contempt of court arising from the same conduct.
