Defending Against a Stalking Charge
When charged with any crime, it can be alarming and stressful. You may be at a loss for what you can do. Stalking charges can come along with other charges or be charged on their own. Knowing how to defend against these charges can ease your mind and situation.Understanding the Charges
Your first step should be to understand the charges you are given. Not all stalking charges will be the same, so you need to know what you are specifically being charged with. Stalking involves any activity that threatens or harasses an individual to the point where they fear for their safety. Examples can include following, repeated and unwanted contact, damaging their property, and more. A stalking charge will typically hold if the victim can prove that they feel threatened in some way. Most stalking charges are initially a misdemeanor offense. These charges can be elevated to a felony if it is a second offense, the charge violated a court order, the stalking was based on prejudice or bias, and more.Actions to Take
If you are being charged with stalking, the number one thing you should not do is contact the person who filed the charges against you. Contacting them will only further implicate you and likely worsen the situation. You also should not talk to law enforcement without an attorney present. If law enforcement asks for any evidence, do not give it unless you have a lawyer with you. Navigating legal matters is complex and it’s easy to make mistakes. You want to have a lawyer on your side to make sure you don’t make things worse for yourself.Defenses
Once you have a lawyer, it is your job to work together to build your case. There are several defenses you can take. The most common defense is that the prosecution cannot prove beyond a reasonable doubt that stalking took place. For example, if your charge includes the fact that you were following the victim, they need to prove that you were intentionally following them rather than you coincidentally taking the same route as them. Another defense is proving that the victim is lying about the charges. It’s also possible that the victim misidentified their stalker. You need to prove that you didn’t commit a crime or that you are not the one who should be accused. Stalking charges are more complex than they might seem and they need to be taken seriously. As soon as you are charged, find an experienced attorney to assist with your case. They can help you through the situation. The attorneys at the Law Offices of Bradley Corbett are highly experienced at defending against stalking charges. Click here to learn more and contact an attorney.
Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.