Accused of Aggravated Stalking?
Consult with an Atlanta Criminal Defense Lawyer
The law defines stalking as following, putting another under surveillance,
or making communication or contact with another individual without his
or her permission. Those individuals who believe they are victims of stalking
and have named their accuser, may file a restraining order or an order
of protection for the accuser. The offender will then have committed the
crime of stalking, which is a misdemeanor in the state of Georgia.
What are the possible defenses for this charge?
Aggravated stalking, on the other hand, by its legal definition, occurs
when the offenders disregards the restraining orders and continues the
stalking behaviors against the individual. Simply contacting the individual
is not enough grounds for an aggravated assault crime, however. It must
be proven that the accuser not only violated the terms of the restraining
order, but also acted in a way to intimidate, threaten violence, harass,
or otherwise be emotionally stressful for the individual.
If convicted, these are the possible penalties for aggravated stalking:
- Imprisonment up to 5 years
- Third-degree felony charge
- Up to $10, 000 in fines
Communication alone is not enough to bring about a charge. Another argument
to make is to show that there was absolutely no intention to make contact
or follow the individual. Furthermore, just because someone makes an allegation,
they still must show basis for those claims.
If they cannot produce such evidence, then there is no way to convict another person.
Get superb representation from our firm!
While these examples are certainly valid for the courts to hearing during
trial, every case will be different depending on the evidence and the
circumstances involved. That is why it is absolutely crucial that you
contact an Atlanta criminal defense lawyer to fight your charges. We have
10.0 rating of Superb on Avvo and we have winning, proven defense lawyers to help you. Let us assess
your case and determine how best to proceed.
Protect yourself and call The Law Offices of Howard J. Weintraub, P.C.
to defend yourself from aggravated stalking charges. Tell us about your
case during your
initial case consultation.