Stalking is a relatively common criminal offense, with approximately 15% of women and 6% of men in the U.S. having experienced it. Law enforcement takes stalking reports seriously, despite its frequency, due to the potential for extreme violence linked to past stalking cases.
According to MCL 750.411h, stalking is defined as a deliberate course of conduct involving repeated harassment that makes the alleged victim feel threatened, terrified, or intimidated.
For behavior to be considered stalking in Michigan, the perpetrator must have directed their conduct toward a specific individual.
WHAT IS AGGRAVATED STALKING
When stalking occurs under aggravating circumstances, it is classified as aggravated stalking, a serious felony offense that carries more severe penalties.
Examples of aggravating circumstances include:
- The defendant has a prior conviction under Michigan stalking laws (MCL 750.411h) or has previously stalked the same victim.
- The defendant’s actions violated a restraining order.
- The defendant violated a court-issued injunction.
- The offense involves communicating credible threats to the victim, their family members, or anyone living in the same household.
- The defendant’s actions violated conditions of release on bond, parole, probation, or pretrial status.
Penalty
Under Michigan Law, stalking may be either a misdemeanor or a felony, depending on whether it involves aggravating circumstances. Stalking is considered a serious offense under Michigan law. Most cases are typically treated as misdemeanor stalking offenses, particularly for first-time offenders. However, if stalking occurs repeatedly or involves aggravating circumstances, it may be classified as a felony.
The severity of the penalty for stalking can also depend on the age of the victim. If the victim is under 18 and the defendant is five years older or more, the offense is a felony, punishable by up to five years in prison, a fine of up to $10,000, or both. If the victim is an adult, the stalking charge is usually a misdemeanor, carrying a maximum penalty of one year in county jail, a $1,000 fine, or both.
Aggravated stalking is classified as a felony, with penalties of up to five years in prison and a fine not exceeding $10,000, or both. If the victim is a minor, the maximum penalty increases to ten years in prison and a $15,000 fine, or both.
Cyberstalking is also treated as a felony, punishable by up to two years in prison and a fine of up to $5,000, or both. If it occurs under aggravating circumstances, the penalty can rise to five years in prison and a maximum fine of $10,000, or both.
Additionally, the court may impose a restraining order against the perpetrator, and convicted offenders may be subject to probation for up to five years. Probation conditions may include:
- Refraining from harassing the complainant during the probation period.
- Avoiding all forms of communication with the complainant.
- Undergoing evaluations to determine if social, psychological, or medical counseling is needed.
In addition to or instead of incarceration, the court may choose to place an individual convicted of stalking on probation for a period of up to 5 years. The court may impose specific conditions on the probation, which can vary depending on the circumstances of the case and the needs of the victim.
Defense
Several defense strategies can be used to contest stalking charges in Michigan:
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Lack of Intent: Demonstrating that the accused did not intend to instill fear or cause harassment.
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Mistaken Identity: Establishing that the accused was not the individual involved in the alleged stalking behavior.
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Consent: Showing that the alleged victim consented to the interactions and did not feel threatened.
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Legitimate Purpose- If you can show that your actions had a legitimate purpose or were part of lawful activities, this may serve as a valid defense. For instance, if you had a legitimate reason to be near the alleged victim’s workplace or residence, or if your contact was related to job duties, this could support your case. It’s essential to consult with an attorney to evaluate the legitimacy of your purpose and ensure compliance with the law.
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Lack of Evidence Another defense strategy involves challenging the evidence presented by the prosecution. If they cannot provide sufficient evidence to prove all elements of the stalking charge, their case may be weakened. This defense can include questioning witness credibility, challenging the accuracy or reliability of the evidence, or identifying inconsistencies in the prosecution’s argument. An attorney can help evaluate the strength of the evidence against you and determine the most effective defense strategy.
Contact Kirsch Daskas Law Group
If you or someone you know is facing stalking charges in Michigan, it’s essential to consult with a skilled and experienced criminal defense attorney. Kirsch Daskas Law group is a reputable firm with extensive knowledge of Michigan’s stalking laws. Contact us at 248-792-3060.
