When most people think of a “stalker,” they may picture someone dressed in all black climbing trees and tailing targets. However, it’s critical to understand that there are a number of actions and behaviors that can result in a stalking charge under Georgia law. As such, the following blog explores what you should know about these matters, including the importance of working with a Cobb County criminal defense lawyer to help you understand your legal options, including the potential defenses you may be able to utilize to help defend yourself.
What Constitutes a Stalking Offense Under Georgia Law?
In Georgia, someone can be charged with stalking when they are found to be following, contacting, or surveilling another person without their consent. Stalking can occur in person, through the use of electronic devices, or through third parties. The behavior must also result in emotional distress and a genuine fear for their safety of the alleged victim.
Common actions that can constitute stalking under Georgia law include, but are not limited to repeatedly engaging in unwanted contact online, using GPS or social media to track someone’s location, contacting someone after being told to stop, or showing up at their place of work or home.
Georgia can also impose an aggravated stalking offense, which occurs when someone violates a protective order or bond condition while committing a stalking act. Due to the aggravated nature of this crime, it is elevated to a felony offense.
How Should I Proceed if Facing a Stalking Charge?
If you are facing a stalking offense, it is critical to behave carefully to avoid incriminating yourself. Generally, one of the most important things you can do when you are placed under arrest for this offense is to inform the officers that you would like an attorney and then immediately invoke your right to remain silent. Though you may want to defend yourself, anything you say under arrest can and will be held against you. As such, you should refrain from saying anything, as you do not want to accidentally incriminate yourself or say something that could be misconstrued as a confession.
Additionally, you should refrain from contacting the victim in any capacity. This includes ensuring you understand the terms and conditions of any restraining orders in place, as violating one, even accidentally, can be incredibly harmful to your defense.
As you can see, facing an alleged stalking offense is not something that should be taken lightly in Georgia. That is why working with an experienced attorney with Miller Law Practice, LLC, is in your best interest. Our team understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn how we can represent you.
