Chesterfield Stalking Lawyer
The term, stalking, can have an ominous tone and a dastardly connotation. As such, if you are being investigated for stalking, you may feel both wary and worried, and might benefit from contacting a dedicated attorney. In Chesterfield, there are many statutes to which the courts may refer in cases of alleged stalking.
Convictions in Chesterfield for stalking may carry sentences of incarceration and hefty fines. A capable Chesterfield stalking lawyer, however, may be able to defend you vigorously before the court.
Chesterfield Stalking Cases
As has been described in the Code of Virginia §18.2-60.3, stalking is defined as engaging in conduct toward someone that the actor knows, or should know, may create a reasonable fear of any of the following:
- Death
- Criminal sexual assault
- Bodily injury to the person or their loved ones
In Chesterfield, stalking is punishable as a Class I misdemeanor. As has been indicated in the Code of Virginia §18.2-11, a conviction for a Class I misdemeanor may result in up to 12 months in jail, as well as a fine of up to $2,500.
A skilled Chesterfield stalking attorney may be able to argue successfully that a clients alleged conduct does not meet the statutory definition of the crime.
Stalking While Violating an Order of Protection
When an alleged victim of stalking has gained a restraining order against the accused party, and then asserts that the protective order is being violated, the charges may be easier to prove.
Individuals in Chesterfield that have allegedly been given adequate notice that someone does not want to be followed or contacted may be more easily convicted on a stalking charge if they are accused of violating someone’s express wishes.
Evidence of following, contacting, or attempting to do either or both, in violation of a restraining order may lead to a Class I misdemeanor conviction for a first offense. A persuasive stalking lawyer in Chesterfield; however, may be able to discredit the evidence against an accused client.
Repeated Stalking Allegations
Persons in Chesterfield, who have prior stalking conviction and are now being accused of a repeat offense within five years of the prior instance, may have a weightier charge against them. Per the Code of Virginia, a person who is convicted of stalking for the second time may be sentenced by the Chesterfield court using Class 6 felony guidelines.
In Chesterfield, per the Code of Virginia §18.2-10, a conviction for a Class 6 felony may result in a sentence of one to five years of incarceration and a $2,500 fine. Upon the convicted person’s release from jail, the alleged stalking victim may receive notice that an individual will no longer be incarcerated. A competent stalking attorney in Chesterfield may discuss other sentencing guidelines with relevant clients during a consultation.
How a Chesterfield Stalking Attorney Can Help
Although stalking can sometimes be charged as a misdemeanor, repeat convictions may mean felony charges. The Chesterfield judiciary and law enforcement view stalking as a serious offense, especially when the conduct has been alleged to have been in violation of a court-issued order of protection.
If you are being investigated for stalking in Chesterfield, or you have been already charged, you should probably contact an attorney today. A seasoned Chesterfield stalking lawyer may be able to defend you successfully so that you can clear your name.
