Stalking charges may apply if someone is accused of repeatedly following another person and behaving in a way that places the other person in fear. Although stalking is not exactly a violent crime, it can lead to serious penalties. If charged, you should call a lawyer immediately.
Stalking may be charged as a first-degree misdemeanor, which carries a potential jail term of up to 5 years. If a defendant is convicted of a subsequent stalking offense, the charges and penalties may increase. You may be able to defend yourself, and you should seek legal advice from a lawyer immediately. For example, even if a defendant’s behavior is threatening or harassing, it is not stalking in Philadelphia unless the behavior involves a repeated course of conduct.
Call Kenny, Burns & McGill at (215) 423-5500 and ask our Philadelphia criminal defense lawyers for a free, private evaluation of your case.
What Are the Potential Penalties of Stalking Charges in Philadelphia?
While stalking is sometimes seen as more of a nuisance than a criminal offense, it may lead to serious charges and legal penalties. If you or someone you know is accused of stalking, get help from a defense lawyer immediately.
Criminal Charges for Stalking
Stalking charges may be assessed if a suspect engages in a repeated course of conduct that involves following the alleged victim and includes behavior intended to place the alleged victim in fear of bodily harm or to cause emotional distress.
Alternatively, a person may be charged with stalking even if they did not follow the alleged victim but engaged in a repeated course of conduct that includes repeated and unwanted communications (e.g., phone calls, text messages, emails) that place the alleged victim in fear of harm or emotional distress.
Subsequent Offenses
If a defendant is convicted of a subsequent stalking offense, or they are convicted of a first offense but with a prior conviction for a violent crime against the same victim or a member of the victim’s family, the charges may be upgraded to third-degree felonies.
Incarceration
If stalking is charged as a first-degree misdemeanor, which is only one step below a felony, it carries a potential jail term of up to 5 years.
If a defendant is convicted of stalking as a third-degree felony, the penalties are much harsher. The defendant may face up to 7 years in prison.
Possible Defense Options for Stalking Charges
You may challenge stalking charges on several grounds, depending on your circumstances and the evidence the prosecution has. Your lawyer can help you determine the most effective defense strategy for your specific situation.
Challenging the Evidence
A common defense strategy is to challenge the evidence against you, whatever it might be. During the discovery phase of a criminal trial, prosecutors must disclose all relevant evidence and information to the defendant so the defendant can build an effective defense.
Our Conshohocken, PA criminal defense lawyers can review the prosecutor’s evidence for flaws. If any are found, we can highlight them in court to raise reasonable doubt in the jurors’ minds.
Your Actions Were Not Threatening or Harassing
A major component of stalking charges is that the defendant’s behavior must be such that it places the alleged victim in reasonable fear of bodily harm or causes emotional distress. The key word hear is “reasonable.”
If the alleged victim’s reaction to your behavior is unreasonable, and a reasonable person would not be afraid of your behavior, we may be able to fight the charges. Your lack of intent to cause harm or distress is also key to this defense.
No Repeated Course of Conduct
In Pennsylvania, stalking is based on a pattern of conduct, not a single instance. Even if a defendant is determined to have caused a victim to fear imminent bodily harm or be placed in a state of emotional distress, it is not stalking if it only happens once.
Stalking involves a repeated course of conduct. If your actions did not involve such conduct, you should not be convicted of stalking.
Your Actions Served a Legitimate Purpose
Another key aspect of stalking offenses is that the defendant’s alleged behavior often serves no other purpose than to cause harm or distress to the victim. However, if the defendant engaged in a repeated course of conduct that distressed the victim but served a legitimate purpose, they should not be convicted.
For example, suppose the alleged victim owes the defendant money, and the defendant repeatedly calls the victim demanding payment. These repeated calls may cause the alleged victim emotional distress, but the defendant is not stalking or harassing them. They are demanding the money they are rightfully owed.
FAQs About Stalking Charges in Philadelphia
What Constitutes Stalking in Philadelphia?
Stalking involves a repeated course of conduct, often involving following someone, that is meant to place the victim in reasonable fear of imminent bodily harm or a state of emotional distress. Stalking does not have to involve physically following someone if it involves repeated and unwanted communications, like phone calls or text messages.
Can You Go to Jail if Convicted of Stalking?
Yes. Stalking is often charged as a first-degree misdemeanor, carrying a maximum jail term of 5 years. Under certain circumstances, a person may be charged with stalking as a third-degree felony that carries a prison term of up to 7 years.
How Can You Fight Stalking Charges?
You may have multiple defense options, depending on your unique circumstances. We may choose to highlight flaws in the prosecutor’s evidence to raise reasonable doubt. We might also present evidence that your actions served a legitimate purpose and do not constitute stalking. Your lawyer can help you determine the best defense strategy.
Is Stalking a Serious Criminal Offense?
Yes. While stalking itself is often not considered a violent crime, it is often charged in relation to other crimes, like harassment, and may carry a hefty jail or prison term.
What Should You Do if You Are Charged with Stalking in Philadelphia?
If you or someone you know is charged with stalking, stay calm and call a criminal defense lawyer for help. Avoid answering questions from the police about the alleged offense until you have a lawyer by your side. It is smart to have a lawyer before your first court appearance.
Ask Our Philadelphia Criminal Defense Lawyers to Review Your Case Today
Call Kenny, Burns & McGill at (215) 423-5500 and ask our West Chester, PA criminal defense lawyers for a free, private evaluation of your case.
