Building a Richmond Stalking Defense
Stalking is a crime that is heavily stigmatized in society, and as a result, can have serious long-term consequences for an individual. That is why it is important for individuals who have been accused of stalking to seek the services of a determined stalking attorney. A capable lawyer could begin building a Richmond stalking defense today and advocate for those who have been charged.
Elements of a Stalking Offense
With a stalking charge, given all of the different elements, it is imperative that an attorney gather as much information as possible from the defendant. The lawyer should be essentially learning the who, what, when, where and how of the offense, why the defendant was charged, and what the timeline for the offense was. Given the fact that the elements of a stalking charge are very time-specific and not only the elevation from a misdemeanor to a felony but also to the many occurrences that have to happen in a stalking charge, an attorney is going to need to have a solid timeline of the events in order to begin building a Richmond stalking defense.
Necessary Evidence When Building a Stalking Defense
Gathering evidence is a vital part of building a Richmond stalking defense. It is important for a lawyer to be aware of all elements of a case, and to not be surprised in court. Evidence includes videos, photos, identification, witness statements, the defendant’s statements, their record, etc. An experienced stalking attorney should aim to collect anything and everything that could connect an individual to the scene of the crime or, anything and everything that could absolve that individual of guilt.
Taking a Plea Deal
The general rule for taking a plea deal is to only consider taking a plea deal is when the defendant is comfortable with the deal, and, the evidence against them is strong enough to make a plea deal a reasonable option. So, if those two criteria are met, then a plea deal is something that should be considered. However, no matter how compelling the evidence may be, if someone is not interested in a plea deal then a plea deal will not be entered into.
Difference Between Harassment and Stalking
Stalking occurs when someone is put in fear of death or bodily injury while harassment can occur by simply intending to annoy, coerce, slight intimidation, bother someone but not necessarily put them in fear of death or bodily injury.
An individual can be charged with stalking and harassment, simultaneously. There is no bar requirement from one charge to the next. A person can be charged within a harassment-based charged along with a stalking charge and, depending on the situation, a person very likely could be charged with both.
When Could Someone Get Charged With Stalking and Harassment?
In situations where actions that begin as harassment at some point elevate and put somebody in fear of death or bodily injury or sexual assault on more than one occasion and then an individual may have a stalking charge and that act can then be moved up to stalking.
If the accused has threatened somebody via the phone or social media and has said that they are going to harm someone and then, on that Tuesday, the accused goes and trespasses on the property of the alleged victim and they call the police and the person runs away then, the next day, they come back and they trespass again.
Well, then, at that time, there is a phone threat case where an individual is threatening somebody over the phone. There is also a trespassing case where somebody has come onto property that they have been told not to, and then lastly a stalking charge because of putting that individual in fear of death or bodily injury by making a threat and then following up with the standing in front of their home. So, that is where harassment-based offenses come together to then elevate everything to a stalking charge, and they can still be charged with harassment-based offenses and the stalking charge.
Value of Consulting a Richmond Stalking Attorney
Individuals may seek the services of a skilled stalking attorney because of the severe fines and penalties. It is important to work with a trustworthy and zealous advocate from this area who knows how to speak and how to work with not only the judges but also the commonwealth attorney’s office. A local, experienced legal advocate could work towards putting a client in the best light possible. If an individual has been charged with a stalking offense, they should consult a capable stalking attorney that could help them begin building a Richmond stalking defense.
