Charlotte Criminal Lawyer Blog
Stalking Charges in North Carolina
People make connections with other people throughout their lives, including online and in person, as well as through others. When someone follows or harasses someone else, it can be considered stalking. Stalking is a serious offense, and if convicted, it comes with harsh penalties. It is helpful to understand stalking charges and sentences. If you have been charged with stalking, you will want to defend the charges with assistance from a knowledgeable criminal defense attorney.
What is Stalking?
Stalking is the unwanted intrusion into a person’s personal privacy and autonomy. North Carolina law further states that stalking “is a crime that causes a long-lasting impact on the victim’s quality of life and creates a risk to the security and safety of the victim and others”. There are a variety of actions that may constitute stalking, such as direct or indirect communication, harassment, or other conduct with no legitimate purpose. Stalking is an aggravated level 1 misdemeanor.
Examples of Stalking
The term stalking is used to indicate a number of actions or behaviors. The behaviors generally must occur on more than one occasion. The behavior typically interferes with the normal life of another person.
Unwanted Communication – Communication may be direct, in-person, or indirect, such as with phone calls or texts. Communication through a third party could also be stalking.
Physical Contact – Physical contact means being in close proximity to another person, such as near their home or place of work. It also includes loitering near another person, such as waiting for them.
Surveillance – Watching or following another person’s movements or actions is a type of stalking. It may include physical or electronic surveillance, such as installing a GPS tracking device to determine movements.
Threats or Intimidation – Threatening or intimidating another person is a type of stalking when it is used to threaten harm to another person, family member, or pet.
Property Damage – Stalking also includes damaging someone else’s property or otherwise altering their belongings. Going through someone’s garbage may be considered a type of stalking.
Key Elements of Stalking
In order to successfully prosecute a stalking crime, the state must prove several key elements. They must prove that the defendant “willfully and on more than one occasion” without a legal purpose, engaged in conduct that would cause a reasonable victim to fear for their safety. They must also show that the victim suffered substantial emotional distress as a result of the unwanted behavior of the defendant.
There must be “two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, is in the presence of, or follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property”.
Defending Stalking Charges
There are many actions and behaviors that could constitute stalking. It is essential to protect and defend your rights and present an aggressive defense against the charges. Your attorney will review the evidence to help determine the best way to defend the charges. You may be able to show that you are not the person who was stalking and that it is a case of mistaken identity. In some cases, the evidence may be weak or some of the evidence may not be allowed in court, such as if it was obtained improperly.
If you are facing stalking charges, do not hesitate to consult with our legal team. Call us at Arnold & Smith, PLLC, at (704) 370-2828 to speak to our attorneys today.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-277.3a.html
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