Have you been charged with stalking in Philadelphia? Pennsylvania law treats stalking charges very seriously by severely punishing those convicted. If you are facing these charges, you need an experienced Philadelphia stalking defense attorney to stand by your side and fight for your rights.
Contact The Zeiger Firm for a free case review with a skilled criminal defense lawyer. During your initial consultation, we will go over the charges you are facing, the potential penalties, and the possible stalking defenses. We will also answer any questions you have about the criminal legal process in Philadelphia.
What Is Stalking in Pennsylvania?
Pennsylvania defines stalking in two ways:
- An individual is “stalking” when they act or repeatedly commit acts aimed at another person without authorization to do so in situations that show either an intent to cause them to fear bodily injury or to cause them substantial emotional stress.
- An individual is “stalking” when they act in ways or repeatedly communicate to another person in a way that demonstrates or communicates that the actor means to place them in reasonable fear of bodily injury or to inflict substantial emotional distress.
Based on these definitions, examples of stalking can range from following someone home from work to sending harassing messages to them online. However, the prosecution must prove through evidence that you intended to cause fear by repeatedly committing acts or taking specific actions.
At The Zeiger Firm, we can explain the stalking laws in PA and develop a robust and aggressive defense against the charges you face.
How Can a Criminal Defense Attorney Help if I’m Charged with Stalking?
A stalking defense attorney can help if you’re facing stalking charges in Philadelphia in the following ways:
- Provide Legal Advice – Your attorney will provide professional legal advice, such as telling you what to say and what not to say to police, investigators, and prosecutors. Because prosecutors can use your statements against you in court, saying the wrong thing could disastrously affect your case.
- Collect Evidence of Innocence – Your attorney will gather evidence pointing toward your innocence. This evidence may include photos or videos showing that you were somewhere else at the time of the stalking or that the accounts the messages came from aren’t connected to you.
- Suppress or Discredit Evidence – Your attorney will file motions to suppress evidence presented by the prosecution that was illegally collected. They will also seek to discredit witness statements made against you by poking holes in their stories.
- Negotiate a Plea Agreement – Your attorney may be able to negotiate a plea agreement with the prosecution that lessens the charges or penalties you could face. If this is your first stalking offense, a favorable plea agreement is more likely.
- Represent You at Trial – Your attorney will represent you at trial and seek the best possible outcome by presenting strong evidence for your innocence. This evidence may include surveillance camera footage, phone records, eyewitness statements, and other physical or digital evidence.
When you hire The Zeiger Firm, we can develop a robust defense against stalking charges. Contact us today to set up a case review and consultation.
Penalties for Stalking
The penalties you could face if convicted of stalking in Philadelphia depend on various factors, such as if you have a prior stalking offense or were previously convicted of another crime against the same victim. Penalties include:
- First-Degree Misdemeanor – If this is your first stalking offense and you have not previously been convicted of another offense against the same victim or family or household member, you will likely face a first-degree misdemeanor charge. A first-degree misdemeanor conviction may result in imprisonment of up to five years and a fine of between $1,500 and $10,000.
- Third-Degree Felony – If you have had at least one prior stalking offense or have a previous conviction for simple assault, aggravated assault, reckless endangerment, strangulation, kidnapping, rape, involuntary deviate sexual intercourse involving the same victim, or if the victim has a protective order filed against you, you will face a third-degree felony charge. A third-degree felony conviction may result in imprisonment of up to seven years and a fine of between $2,500 and $15,000.
Additionally, Pennsylvania law considers harassment to be a separate yet related charge. If you face stalking charges, you may also face harassment charges.
Possible Defenses to Stalking Criminal Charges
Understanding the possible defenses against stalking that you could use in your case is a crucial step toward achieving a favorable outcome in your case. Some of the arguments your stalking criminal defense lawyer could use on your behalf include:
- Lack of Intent – Because the prosecution must prove that you intended to stalk the victim and cause them to fear, one viable defense is to argue a lack of intent. For example, if you didn’t realize the person you were sending messages to would be fearful because of those messages, you may lack the required intent for a stalking conviction.
- No Course of Conduct – You may also be able to show that you didn’t engage in repeated acts or a course of conduct related to stalking. For example, following someone once may be harassment, but not necessarily stalking.
- False Allegations – You may be able to show that the allegations made against you were false. For example, if the alleged victim says you sent harassing messages online, you can show that the messages didn’t come from an account you control.
- Mistaken Identity – You may be the victim of mistaken identity. The alleged victim may have a stalker who the victim or police mistakenly identified as you.
- Lack of Evidence – There may not be enough evidence for prosecutors to secure a conviction, especially if your attorney successfully gets evidence thrown out through motions to suppress.
- Alibi – Showing that you were somewhere else when the alleged stalking incident took place can be powerful evidence of your innocence.
Contact an Experienced Attorney Today to Build Your Defense Strategy
You must take Philadelphia harassment and stalking charges seriously. Criminal charges alone can negatively impact your reputation in the community, and a conviction can result in severe penalties, including a prison sentence and fines.
If you are facing stalking or harassment charges in Philadelphia, contact The Zeiger Firm for a free evaluation with an experienced defense lawyer. We will review your case, explain the charges and penalties you are facing, and walk you through some possible defense options.
