When you hear the word “stalking,” you may picture a mysterious person lurking in the shadows outside of homes or following unsuspecting people around throughout their day. While this is true, there are many ways in which someone can commit an act of stalking. As such, it’s important to understand what actions warrant a charge in Georgia and the penalties those convicted can face. If this reflects your circumstances, you’ll want to keep reading to learn more and discover why you must connect with a Cobb County criminal defense lawyer to explore your legal options through these matters.

What Does the Law Say About Stalking in Georgia?

In Georgia, stalking occurs when there are repeated and consistent instances that cause another person to grow fearful of the perpetrator. Because this is a broad definition, there are many instances that can warrant a stalking charge. These include, but are not limited to, following, surveilling, or contacting someone as a means of intimidating and harassing them.

This contact does not have to be in person but can occur electronically via phone, email, text message, or any other device. It is also considered stalking if someone violates a court protective order or even sends unwanted gifts to their victim.

Actions That Can Result in a Stalking Charge?

  • Following another person on multiple occasions without consent
  • Surveilling or monitoring another individual
  • Sending unwanted messages, emails, or social media messages
  • Sending unwanted gifts to another person
  • Contacting someone through third parties
  • Appearing repeatedly at a person’s home or place of work
  • Using electronic devices to track someone’s location

Common Examples of Alleged Stalking Behavior in Georgia

  • Tracking someone’s location through GPS or social media
  • Continually messaging an ex-partner after a breakup
  • Using a fake social media account to watch another person’s social media activity
  • Using multiple phone numbers, emails, or social media accounts to continue contacting an individual
  • Appearing at someone’s place of work uninvited

Important Legal Distinction Under Georgia Law

It’s critical to understand that not every unwanted interaction constitutes stalking under Georgia law. As such, the prosecution must show that repeated conduct has caused emotional distress, fear, or concern for the safety of the alleged victim. In many instances, the context and frequency of the communication are taken into consideration.

What Is Aggravated Stalking Under Georgia Law?

It’s important to understand that, in Georgia, you may be charged with aggravated stalking in instances where court orders are violated, threats have been made, or the victim is considered particularly vulnerable. This offense is a more serious felony charge.

Situations That Can Lead to Aggravated Stalking Charges

  • Displaying a weapon during an act of stalking
  • Making a credible threat against the victim
  • Threatening the victim’s family
  • Violating a court order or bond conditions involving no-contact
  • Alleged stalking involving a victim under 18 when the accused is at least five years older

Why Aggravated Charges Are More Serious

In Cobb County and throughout Georgia, aggravated stalking allegations are generally charged more seriously because they generally entail:

  • Domestic disputes
  • Violations of protective orders
  • Alleged threats of harm
  • Repeated, unwanted electronic communication

How Does Georgia Penalize This Offense?

A first-offense stalking penalty is charged as a misdemeanor in Georgia. However, if it is a first-time aggravated stalking charge, you will face more intense penalties. This is elevated to a felony offense with a minimum of one year in prison, but the potential of up to ten years behind bars. You can face the same sentence for a second offense.

Potential Criminal Penalties

  • Misdemeanor stalking charges
  • Felony aggravated stalking charges
  • One to ten years in prison for a felony stalking offense
  • Probation and court supervision
  • Protective orders
  • Additional criminal penalties for violating court orders

Additional Consequences Beyond Criminal Penalties

In addition to the criminal penalties imposed by the court, you can face consequences like:

  • Employment termination
  • Difficulty finding future employment
  • Reputational damage
  • Impacted personal relationships
  • Restrictions due to protective orders

What Should You Do if Charged with Stalking in Georgia?

Not only can you face criminal charges and potential jail time, but you’ll also find that being labeled as a stalker can have intense repercussions on your personal and professional life. As such, it’s imperative to understand that you must contact an experienced attorney as soon as possible to explore your legal options in these matters.

Important Steps to Take After an Arrest

  • Inform the officers that you would like an attorney and then invoke your right to remain silent
  • Do not contact the alleged victim in any capacity, and avoid locations they frequent
  • Do not discuss the case on social media
  • Retain all text messages and electronic communications
  • Adhere to all court orders and conditions of your bond

Contact an Experienced Cobb County Criminal Defense Attorney

At the Miller Law Practice, we understand how overwhelming facing a criminal charge can be in Marietta and the surrounding Cobb County communities. That’s why our dedicated legal team will explore all possible avenues to help you through these challenging times. Connect with us today to explore what you must know about these complex times.