Georgia laws take stalking seriously. Although anti-stalking laws are an important protection for many people, it also means that individuals may face serious criminal charges when they didn’t do anything wrong based on perceived actions. If you have been charged with stalking offenses, you are entitled to defend your rights. The relevant code section states as follows:
O.C.G.A. § 16-5-90. Stalking;
Georgia’s Stalking Laws
The act of stalking involves a situation where a person makes contact in person, over the Internet, or over the phone to intimidate or harass another person. There does not have to be any threat of harm for there to be a stalking charge and conviction.
The actions that trigger a charge of stalking may include:
Following a person repeatedly;
Placing a person under surveillance for no legitimate reason;
Contacting someone repeatedly without consent and with the intent to intimidate or harass; or
Engaging in any behavior that creates a reasonable belief that a person is in jeopardy of being harmed.
What Is Stalking?
Stalking is unwanted or repeated surveillance by an individual or group towards another person. Stalking involves intimidation or harassment when a person experiences emotional distress because of the accused’s actions; they may also believe that they are in danger.
For example, if a person tries to harass or intimidate another person by posting a false internet ad encouraging unwanted contact, it may lead to stalking charges.
To be charged, there needs to be no legitimate reason for the behavior that forms the basis of the stalking allegation. This means that a situation where a person is trying to track someone down to collect a debt may not result in stalking charges, but a man following a celebrity to get her attention or scare her may face stalking charges.
Penalties for Stalking
A person who has been charged with a first-time stalking offense may have to pay a fine of up to $1,000.00 and spend up to 1 year in jail. Additional offenses may lead to incarceration for a term of 1 year to 10 years in prison. A person who is charged with stalking may be subjected to a psychological evaluation and could face time in a psychological treatment facility.
If defendants violate the terms of their court order to stay away from a certain person, whether accidentally or otherwise, they will be charged with aggravated stalking. Aggravated stalking comes with enhanced penalties.
Hire A Georgia Stalking Defense Lawyer
Stalking charges are taken seriously in Georgia, which leads to situations where prosecutors bring charges against people who were not engaging in behavior that justify the accusations. A strong and effective defense is crucial to preventing long-term harm from these charges. The Cyrus Law Firm can provide the valuable criminal defense and has the experience and resources needed to fight stalking charges.
If you have been subject to an ex parte restraining order, contact 404-522-0341 within 30 days to discuss your case with The Cyrus Law Firm. Your case will be personally handled and not given to a brand new associate.