Building a Virginia Stalking Defense
Comprehending court procedures and accurately articulating the events of an alleged stalking incident may help to successfully discredit a claim. An attorney who is experienced with stalking cases and legal regulations surrounding them could serve as an extremely valuable resource for a someone who is accused of stalking. Contact an aggressive attorney who could examine the case and help start building a Virginia stalking defense.
Understanding the Elements of a Stalking Charge
At first glance, a stalking charge may seem similar to a harassment offense. However, the main degree of separation is generally whether the complainant is in imminent danger. Frequently, incidents of harassment contain several common elements that may lead to stalking charge. When a person who has filed a complaint about allegedly harassing behavior has a reasonable fear of bodily injury, sexual assault or death, law enforcement may issue a stalking charge on their behalf. Additionally, the misconduct of the accused typically must occur on more than one occasion and after a person is told to discontinue contact or communication.
A record of following or persistently contacting someone after being told to stop could be used in court by the prosecution to demonstrate that a complainant had a reasonable fear, as well as further substantiate a person’s claim of stalking. A knowledgeable stalking defense attorney could help explain how certain conduct may negatively influence a person’s case and begin building a Virginia stalking defense.
Steps to Building a Stalking Defense
When preparing a defense for a stalking charge, a lawyer may begin by gathering all relevant information about the incident in question. This may include an account from the person who is accused of the stalking offense. An account from the defendant could help an attorney identify facts missed by the prosecution. In some cases, there are witnesses of the alleged altercation who may be able to offer another side to the story. Reviewing previous social media activity, texts or phone call logs could also help set the record straight in Virginia court. Many cases of supposed stalking involve inconsistent statements, identifying those conflicting statements may assist in demonstrating that the harassment did not occur.
A keen attorney who conducts an independent investigation to identify the different pertinent facts could reveal a larger picture than the prosecution’s claim. Ultimately, carefully reviewing the case could vastly improve a person’s experience in front of a judge.
How Pleading to a Lesser Charge May Impact a Stalking Case
In some cases, negotiating a plea deal for a lesser charge could considerably mitigate potential legal consequences. However, in case such as a stalking incident, it may create a criminal record for a person who might not have had one prior to the potential conviction. For example, a person could agree to plead out to a harassment charge which may contain less punitive penalties than a stalking charge. Ideally, accepting a plea bargain should be used as a last resort. Disputing the charge and attempting to establish a credible stalking defense should typically take priority.
Advantages of Establishing a Defense with an Experienced Attorney
A poorly constructed defense may severely damage a person’s attempt to refute a stalking charge in Virginia court. Consulting with a seasoned attorney, who could assess the facts surrounding an alleged stalking incident and identify unique, but effective legal options could significantly help fortify a person’s defense. Without a credible defense, someone who is facing stalking charges could be unfairly convicted and experience legal consequences that may significantly harm their future livelihood. Schedule an appointment for a legal consultation and start building a Virginia stalking defense.