Stalking is a highly emotional charge in Michigan that prosecutors look at very seriously. When people charged with stalking contact Attorney Shawn Haff of The Criminal Defense Law Center of West Michigan about being charged with stalking, they are very concerned and worried about the impact it will have on their future.
Stalking is a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested.
Harassment is conduct directed toward a victim that includes but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress that actually causes the victim to suffer emotional distress.
Consent is a key element of a stalking charge. Unconsented contact is any contact that the other party does not want and can include:
- Entering the persons property of workplace
- Being in visual contact with
- Sending email or posted mail
Misdemeanor Stalking Penalties in West Michigan
The maximum jail sentence for misdemeanor stalking is up to one year in jail. The maximum fine for misdemeanor stalking is $1,000.
If you are stalking a person under the age of 18 years old, you might be charged with felony stalking and could face up to five years in prison and fines of up to $10,000.
In addition to fines and possible prison time, the court may issue a restraining order, order counseling and anger management classes for someone convicted of stalking.
Aggravated Stalking Laws in West Michigan
Aggravated stalking is a felony charge under MCL 750.411i. In order for you to be charged with aggravated stalking the following facts must apply:
- One of the actions making up the offense was in violation of a current restraining order.
- One of the actions committed was in violation of probation, parole or pre-trial release
- The offense involves a threat against the victim, family or someone living with the victim.
- The person being charged with aggravated stalking has been convicted of misdemeanor stalking. (It is a second offense stalking charge)
Felony Aggravated Stalking Penalties in West Michigan
If someone is convicted of felony aggravated stalking, the maximum penalties is up to five years in prison and a fine of $15,000.
If the victim is under the age of 18, and the person convicted of aggravated stalking is at least 5 years older than the victim, up to 10 years in prison and a $15,000 fine.
Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.
Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Stanton, Hastings, White Cloud, Newaygo, Zeeland and Allegan.