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Gilbert Stalking Lawyer

Stalking is a complex crime. Many actions can be considered elements of stalking, but they often require being repeated, intentional acts before they qualify as stalking actions.

There are many subjective considerations that the state must prove to secure a stalking conviction. A skilled domestic violence defense attorney from Grand Canyon Law Group can advocate for your innocence. Working with a Gilbert stalking lawyer can help protect your rights and interests, so it is important to call us quickly so we can begin investigating your case.

Local Stalking Laws

Stalking, as outlined in Arizona Revised Statutes § 13-2923, occurs when a series of intentional actions are directed at a particular person and causes that person to experience emotional distress over a reasonable fear that harm will come to their:

  • Property
  • Person
  • Family members
  • Current or former romantic partners
  • Pets or livestock
  • Housemates

The actions that constitute stalking include maintaining unwanted physical or visual proximity to the targeted person, using electronic or digital tools to track a person’s physical location or monitor their internet activity without their authorization, or repeatedly sending words or images to them via electronic communication channels without their consent.

To constitute stalking, the defendant must purposefully or knowingly repeat the action at least one additional time, regardless of the amount of time between instances.

A strong defense against stalking charges may include challenging the subjective determination that the alleged victim had emotional distress or that their fear was reasonable. An experienced stalking attorney in Gilbert can call these subjective standards into question to create sufficient reasonable doubt for acquittal. You need to contact us NOW to have the best chance at success.

Criminal Penalties for Stalking

If the perceived threat to the stalking target is that physical injury or damage may occur to themselves, their property, or their loved ones, the stalking charge is categorized as a Class 5 felony.

Under A.R.S. § 13-702, conviction on a Class 5 felony for a first-time offender could result in a prison sentence of six to 30 months. Repeat offenders, subject to A.R.S. § 13-703, face increased sentences. For a second conviction, the sentence becomes one to 3.75 years of incarceration. For three or more offenses, prison terms are raised to 3 to 7.5 years.

If the defendant’s conduct could reasonably cause the targeted person to fear that they or their loved ones are at risk of death, it becomes a Class 3 felony. An initial conviction of a Class 3 felony carries potential prison sentences ranging from two to 8.75 years. A second conviction could lead to 3.25 to 16.25 years in prison, and a three or more offenses carry incarceration terms of 7.5 to 25 years.

Felony convictions can also include fines up to $150,000, plus surcharges that can exceed 60 percent of the base fine, per A.R.S. § 13-801. These penalties are significant, so you need to immediately call a stalking defense lawyer in Gilbert to help you mitigate these risks. Call Grand Canyon Law Group to get the assistance you need.

Restraining Order Violations

A person in Gilbert who experiences stalking may be granted a civil order of protection, also called a restraining order, to prevent the defendant from continuing their allegedly threatening behaviors. These orders typically include restrictions on communications between the parties and bar the defendant from getting within a certain proximity of the victim.

On the basis of probable cause, law enforcement officers may arrest a defendant accused of violating a restraining order under A.R.S. § 13-3602(R).Per A.R.S. § 13-2810, protection order violations are classified as interference with judicial proceedings, which is a Class 1 misdemeanor on the first offense and may lead to a six-month prison sentence. If the order is violated two or more times within a two-year period, the charge is raised to a Class 6 felony with penalties of three to 24 months in prison.

Get Help Immediately From a Gilbert Stalking Defense Attorney

You need to present a powerful defense when faced with the possibility of expensive fines, lengthy prison sentences, and restraining order conditions that diminish your personal liberties. Do not delay in seeking legal counsel. A Gilbert stalking lawyer from Grand Canyon Law Group can use their knowledge of the laws and the court system to build that defense to help get you the best results possible.

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