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.
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.
Typical Sentence for Aggravated Stalking in Georgia
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.
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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. Weintraub & Alper Legal has achieved a 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.
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