Last Updated on: 17th October 2023, 06:18 pm

How Can an Attorney Defend Against Stalking Charges?

Being accused of stalking can be scary. It’s a serious crime that can land you in jail or saddle you with a criminal record. But if you’ve been wrongfully accused, don’t panic. An experienced defense attorney can help protect your rights and beat the charges. Here’s an inside look at common stalking defenses and how a lawyer can defend you.

What is Stalking?

First, let’s review what exactly stalking is. While legal definitions vary by state, stalking generally refers to a pattern of harassing or threatening behavior that causes fear in the victim. Tactics may include:

• Following or spying on someone
• Making unwanted phone calls, emails, letters etc.
• Posting about the victim on social media
• Showing up uninvited at places the victim goes
• Making physical or verbal threats

For it to be considered stalking, the behavior usually needs to be repeated and unwanted. A one-time incident is rarely enough to warrant charges. But if someone feels threatened and you ignore requests to stop contacting them, you could face prosecution for stalking depending on the laws in your state.

Common Stalking Defenses

If you’ve been accused of stalking when you don’t believe you’ve done anything illegal, don’t go it alone. Hire an attorney to look at the evidence and build a strong defense. Here are some strategies they may use:

You Had No Ill Intent

For behavior to qualify as stalking, you generally need to act with wrongful intent to harass, threaten, intimidate, etc. If your actions were misinterpreted, explain your innocent mindset. For example, you didn’t realize your romantic interest wasn’t reciprocated or you had no idea your attempts to reconcile with an ex were unwelcome. Your attorney can argue there’s insufficient proof you willfully stalked the victim.

There Was No Reasonable Fear

Most states require the victim to experience significant fear due to the defendant’s conduct. But everyone has different levels of sensitivity. Your lawyer may argue the victim’s fear was unreasonable under the circumstances. For instance, if you sent a few apologetic texts after a breakup, a judge may agree that’s not normally frightening behavior.

You Didn’t Actually Commit Prohibited Acts

Police and prosecutors can make mistakes or exaggerate. Your attorney will scrutinize the accusations to see if they’re supported by sufficient evidence. If the alleged “stalking” behavior never happened or is normal activity like driving down the victim’s street, the charges could get dismissed.

Unwanted Contact Was Justified

There are certain situations where you’re legally allowed to contact someone against their wishes. For example, to pick up shared kids for visitation or regarding a court case. Your lawyer can argue any unwanted interactions were necessary and permitted.

The Victim Isn’t Credible

In some cases, the supposed victim has motives to lie or a history of making false allegations. Your attorney can investigate their background and point out credibility issues. For instance, if the accuser is an ex with custody disputes, their stalking claims may not hold up in court.

You Have an Alibi

It’s tough to stalk someone if you weren’t even there. Your lawyer will demand proof you committed the alleged acts. If you have an alibi for the dates/times in question, it can destroy the prosecution’s case. Just be sure your alibi witness is credible.

The Law is Unconstitutional

Stalking laws are relatively new and their boundaries are still being defined. In some cases, your attorney may argue the statute you’re charged under is overly broad or vague in violation of due process. For instance, prohibiting all “unwanted communication” could criminalize protected speech. Constitutional challenges can nullify charges.

Gathering Evidence for Your Defense

Your attorney will leave no stone unturned gathering exculpatory evidence for your defense. They may:

• Obtain police reports, witness statements, surveillance footage
• Interview the accuser, friendly witnesses
• Subpoena phone records, emails, social media posts
• Hire investigators to dig into the victim’s background
• Have you take a lie detector test proving your innocence

With an aggressive defense built on the evidence, an experienced lawyer can get bogus stalking charges thrown out or win an acquittal at trial.

Don’t Talk to Police Without Your Lawyer

If you’re contacted by law enforcement about stalking allegations, politely decline to answer questions without your attorney present. Be cooperative but don’t admit anything that could be used against you. Even if you’re innocent, what you say can be misconstrued. Let your lawyer handle communicating with investigators.

Getting Help Defending Yourself

Stalking allegations can turn your life upside down. But skilled defense attorneys fight back every day against false accusations. Don’t go it alone against the government – legal expertise maximizes your chance of success. Look for a lawyer experienced in defending stalking charges who will zealously challenge the prosecution’s case. With an aggressive defense exposing flaws in the state’s evidence and legal arguments, justice can prevail.

If you’ve been accused of stalking, stay calm and call a defense lawyer right away. An arrest is not the end – fight back and protect your future. The law has protections against wrongful convictions if you have the right legal champion in your corner.