There Are Defenses to Stalking Charges

Few crimes get the same attention from prosecutors and judges as stalking. Defendants facing accusations of stalking are seemingly presumed guilty until proven innocent.

Stalking Defenses in Michigan and Why You Need a Great Criminal Attorney to Defend You

Stalking is a very serious charge, and a conviction can cause severe problems in your life. You need a highly experienced criminal defense attorney to defend against a stalking charge. Judges and prosecutors will take these cases very seriously, and your only hope is to do the same. There are defenses to stalking charges in Michigan; however, it takes a skilled, savvy lawyer to persuade a judge, prosecutor, or jury that there is a legitimate defense to these highly charged alleged offenses.

Misdemeanor Stalking Charges in Michigan

To prove Stalking, a prosecutor must prove beyond a reasonable doubt that a defendant committed two (2) or more separate unwanted contacts, which would make a reasonable person suffer emotional distress because they felt terrorized, frightened, intimidated, threatened, harassed, or molested.

Stalking can include following or approaching someone, appearing at someone’s home or workplace, calling someone on the phone, sending emails, texts, or mail to someone, or even leaving items on someone’s property. It is a misdemeanor and carries a one-year jail term.

Aggravated Stalking is a Felony and Carries a Possible Five (5) Year Prison Sentence

To prove Aggravated Stalking, the prosecutor must prove that a defendant committed all the acts listed above for stalking and, in addition to those acts, also violated a court order, violated a restraining order, or committed the acts against someone they’ve lived with or someone in their family. The prosecutor may charge someone with Aggravated Stalking if the alleged victim is under 18 years of age and the defendant was five (5) or more years older than the victim at the time of the offense. Without expert criminal defense representation, judges often impose jail and prison in these cases.

How Can an Experienced Defense Attorney Defend Against a Stalking Charge?

An experienced criminal defense attorney will know how to challenge a stalking charge. A defense will depend upon which type of actions a defendant allegedly committed. If it involves calling, texting, or emailing threats, for example, a highly experienced attorney will know how to obtain phone records and establish that you did not and could not have made the calls based upon records from the phone company or through a defense such as an alibi. If it involves following someone, again, your attorney can establish an alibi defense, or if you did cross paths with a complainant, it was a mere coincidence and not intentional. A good lawyer can often show that the prosecutor is mischaracterizing an unintentional or accidental contact.

A more complex defense that only an experienced criminal defense attorney would know to raise is to bring out testimony from the complainant and prove that there was no real intent to frighten, threaten, harass, or terrorize the complainant. Demonstrating a lack of intent may involve establishing whether the complainant is a “hyper-vigilant” or even a paranoid person through artful cross-examination. A seasoned criminal attorney will also know several psychology experts who can testify that, based on the facts, the complainant was overreacting or imagining things when they felt frightened, threatened, harassed, or terrorized.

Another strong defense would be if your attorney could bring out testimony from the complainant or other witnesses that establish the complainant is actually lying. A complainant may have many reasons for lying, and a reputable, experienced attorney knows how to show that a complainant is lying and what motives there may be for lying. Motives could include extortion, a spurned-lover situation, a desire to ruin someone’s reputation, cause them to lose a job, or a desire to impact someone’s life negatively.

Finally, in cases where the defendant cannot avoid a conviction, a seasoned, skilled defense lawyer may convince the prosecutor to reduce the charges or persuade the judge not to impose jail or prison as a sentence.

Frequently Asked Questions Regarding Defenses Against Stalking Charges and More

What are different the different types of stalking?

1. Basic Stalking

Basic stalking is the most general form of stalking under Michigan law. It involves:

A pattern of willful and repeated harassment.
Conduct that would cause a reasonable person to feel threatened, harassed, or intimidated.

Penalty: Stalking is typically a misdemeanor punishable by up to 1 year in jail, a fine of up to $1,000, or both.

2. Aggravated Stalking

Aggravated stalking occurs when the stalking behavior is more severe and involves additional factors, such as:

A credible threat of harm to the victim, their family, or another household member.
Stalking in violation of a restraining order, probation, parole, or bond conditions.
Stalking a minor (someone under 18 years old).

Penalty: Aggravated stalking is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both.

3. Cyberstalking

Cyberstalking involves using electronic means, such as the internet, social media, or other digital communication tools, to harass or intimidate someone. Cyberstalking includes:

Sending threatening or harassing messages via email, text, or social media.
Monitoring or tracking someone’s online activities without their consent.

Depending on the nature of the harassment and any associated threats, cyberstalking can be considered basic or aggravated stalking.

4. Domestic Stalking

Domestic stalking occurs between individuals who have a personal or familial relationship, such as spouses, ex-spouses, dating partners, or family members. Domestic stalking is often treated more seriously because of the heightened emotional connection between the individuals involved and the potential for escalation to domestic violence.

This type of stalking can also involve violating a personal protection order (PPO), which could escalate the offense to aggravated stalking.

5. Stalking in the Context of Domestic Violence

When stalking is linked to ongoing domestic violence, it may involve not only harassment but also control, manipulation, and emotional abuse. Stalking in this context is often charged alongside domestic violence offenses and can lead to more serious penalties. Defenses to domestic stalking charges often include demonstrating historical or habitual behavior that is inconsistent with the allegations.

What are the penalties for stalking convictions?

The penalty for misdemeanor stalking is up to 93 days, two (2) years of probation, and a $1,000.00 fine. Felony stalking is punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000.00 fine. Someone with previous convictions could face up to life in prison.

How do you defend against false accusations of stalking?

Defending against false accusations of stalking requires a strategic and thorough approach to demonstrate that the claims lack merit or do not meet the legal standards for stalking. The first step to building a robust defense to staking charges is to scrutinize the accuser’s allegations and gather any available evidence, such as communications, witnesses, or surveillance footage, that can refute the claims. Establishing an alibi or proving that no threatening behavior or pattern of harassment occurred is critical. It’s also essential to challenge the accuser’s credibility, showing possible motives for making false accusations, such as revenge, personal disputes, or custody battles. In many cases, electronic communication records can be valuable in showing that interactions were consensual or that no harassment occurred. A strong defense may also include questioning whether the alleged actions would cause a reasonable person to feel threatened or harassed, as required by Michigan law.

It is possible to successfully defend against these false accusations by carefully presenting evidence, exposing inconsistencies in the accuser’s story, and demonstrating that the legal elements of stalking have not been met. Working with an experienced criminal defense attorney is essential in navigating this complex process and ensuring your rights are protected.

Defending against cyberstalking allegations in social media cases involves proving that the online interactions did not meet the legal definition of harassment. Key stalking defenses include showing that the communications were non-threatening, consensual, or not directed at the accuser. Evidence like screenshots, metadata, and time stamps can demonstrate the lack of intent to intimidate or repeat unwanted contact. If the accused’s account was compromised or the accuser voluntarily engaged in the interactions, those factors can also help refute the claims. Challenging the accuser’s credibility and motives is important as well. An experienced attorney is essential in handling the legal and technical aspects of such cases.

What should I expect if facing stalking charges? What is the legal process?

The first hearing in a criminal case is called an arraignment. The judge sets a bond at the arraignment and schedules future court hearings. An experienced defense attorney is essential for the arraignment to ensure the judge orders a low or personal bond. In misdemeanor cases, the next step is a pretrial conference, where the attorneys discuss the case, attempt to negotiate a settlement or dismissal or determine the need for a trial. In felony matters, the judge will schedule a Probable Cause Conference and a Preliminary Examination. At the preliminary examination, the prosecutor must prove there is sufficient evidence for the case to proceed to trial. A skilled lawyer can utilize defenses to stalking charges at each stage of the proceedings.

Top-Rated Defense for Stalking or Aggravated Stalking Charges

The dedicated, experienced, and zealous defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have successfully represented thousands of clients on felony and misdemeanor charges in Oakland, Macomb, Wayne, Washtenaw, and Livingston Counties, and throughout Southeastern Michigan. We have a well-earned reputation for providing the highest quality defense and aggressive representation, while showing empathy and care for each client. Most importantly, our team stays abreast of the most effective defenses to stalking charges. Call us for a free consultation today.

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.