Tacoma Stalking Defense Lawyers

Usually, people consider stalking to be a phenomenon experienced by celebrities. However, most often, people who are victims of stalking know their stalkers. Stalking is something that does not happen only one time but instead involves a pattern of malicious conduct intended to induce fear in another person. If a stalker has a family or household relationship to the victim of the stalking, they can be held criminally responsible for domestic violence. If you are charged with domestic violence stalking, it is imperative that you retain an experienced Tacoma domestic violence attorney. At Smith & White, we can help you fight back against the accusations or charges.

Stalking is charged when you are suspected of repeatedly following another person who is afraid or intimidated by this and you know (or should have known) that they felt fearful. Please notice that you do not need to intend to frighten the other person for this crime to be charged; it simply matters that they felt threatened.

Stalking Charges are Scary But Not Hopeless

You have been accused of stalking. You are probably quite understandably upset, worried and maybe even angry. In most of these cases the two parties know each other. You may have been completely unaware that the other person was upset by your presence or communication. You are worried what this will mean to your future.  Commonly, this is a former intimate partner or relationship making this a domestic violence allegation.

The good news is that there are options for your defense attorney to use. Remember that the prosecution has to prove your guilt beyond a reasonable doubt; the defense attorney shows how they failed to do that.

You do not have to go through this alone and, in fact, you should not. You need a defense attorney who will make sure your story is heard, will counsel you as to your best strategy, and will make sure you get your best result possible. That is what you have when you hire from the law office of Smith & White, PLLC for your Pierce County / Tacoma defense attorney. Please call Smith & White, PLLC – the first consult is free.

Stalking in the Context of Domestic Violence

Stalking a victim can include following them, leaving unrequested gifts, making unwelcome phone calls or texting, sending unwanted letters or emails, showing up in places where the victim is expected to be without having a reason for doing so aside from bothering the victim, or spreading information about the victim online.

In Washington, if you have a family or household relationship with the person whom you are stalking, you can initially be charged with a misdemeanor. However, if you commit repeat offenses, you may be charged with a class C felony. The victim may decide to file for a protection order against you. In order to establish stalking under RCW 9A.46.110, a prosecutor will need to show beyond a reasonable doubt that you repeatedly and intentionally harassed or followed and caused a reasonable fear, you intended to harass, intimidate, or frighten or had reason to know that what you were doing would cause fear or harassment, you did not have authority under the law to do so, and your conduct did not constitute a felony attempt of a different crime.

Generally, the victim must be fearful that you intend to injure them or their property or another person, and the fear must be of the sort that a reasonable person in the victim’s shoes would also experience, given the circumstances. A defense attorney may be able to question whether the victim’s fear was reasonable. If intent cannot be shown, the prosecutor needs to show that you knew or reasonably should have known that the victim was frightened, intimidated, or harassed, even though that was not your intended effect.

You can be charged with a gross misdemeanor for domestic violence stalking. However, you can be found guilty of a class B felony under certain circumstances, such as when you have previously been convicted of harassment of the same victim or their family or household or someone specifically named in a protection order. You can also be found guilty of a class B felony if your stalking violates a protection order. You can also be found guilty of a class B felony under other circumstances, such as being armed with a deadly weapon while stalking the victim.

Penalties for a Stalking Conviction in Tacoma

Stalking is generally a gross misdemeanor charge with penalties of up to a year in jail and a $5000 fine. But, there are situations which can increase this to a felony charge with penalties of up to 5 years in jail a $10,000 fine. This increase happens when you have a past conviction of stalking or there is a restraining order in place or you are suspected of trying to intimidate a witness in another case. So this is very serious. Also, if this is a domestic violence situation then the probation, even on the misdemeanor, can be five years long.  That is what you need to know and that is why you need a defense attorney.

Defenses to Domestic Violence Stalking

You cannot defend domestic violence stalking charges by saying that you were not given concrete notice that the victim did not want you to follow him or her. Similarly, it is not necessarily a defense to claim that you did not intend to harass, intimidate, or frighten the victim if that was the impact that your actions had. If you keep trying to contact or follow a household or family member after he or she gives you actual notice of not wanting to be followed or contacted, this is prima facie evidence that you intended to harass or intimidate that person. Contact in this context can include sending an email. However, you may have a defense if you were a licensed private investigator acting within what your license allows you to do.

Were you unaware that the other person did not want the contact?  It was pointed out earlier that it is irrelevant whether you intended to cause fear; it only matters if the fear was reasonable.  Similarly, the person (victim) does not need to ask you to stop the unwanted contact.

So if someone thinks you are following them and it is making them fearful they can not just go to the police – they do not need to inform you first.

Do you happen to live in the same area as the alleged victim? Perhaps you were only in the same areas coincidentally. When you live in the same area it is not uncommon that you would shop, get gas, go out to eat in the same places. Plus places like the mall and theater can easily be visited by the same person and it has nothing to do with the fact that the other person was. This can also be used as a defense.

Is it possible that you are being falsely accused by someone that is upset with you? You definitely need a defense attorney. After all – you are innocent. That is one of the main reasons for the existence of a defense attorney. Innocent people do quite often get accused of crimes such as this by a person that wants some sort of revenge for some reason. Usually this would be an ex-spouse or ex-boyfriend or ex-girlfriend. They think that because of the past relationship that their allegations will be believed. But remember that the prosecution can not just rely on biased testimony. They need to prove your guilt beyond a reasonable doubt.  A jury can be shown the bias of the witness.  The defense then shows how the prosecution failed to prove your guilt. We will do our own investigation and can also use this as a defense. All angles will be examined to get you your best result possible.

Cyberstalking

You can be charged with domestic violence cyberstalking under section 9.61.260 if you, with the intent to torment, embarrass, harass, or intimidate a family or household member, electronically communicate with that person by using lewd language or electronically communicate with them repeatedly, among other circumstances. Cyberstalking is usually a gross misdemeanor, but it can be charged as a class C felony.

Our Tacoma Stalking Defense Attorneys Can Help

If you were charged with domestic violence stalking in Washington, you should consult an experienced attorney. At The Law Offices of Smith & White, PLLC, we represent defendants in the Tacoma area and elsewhere in Pierce, King, Kitsap, and Thurston Counties. Contact us at (253) 203-1645 or through our online form.