Stalking

The Virginia (Va) Code section 18.2-60.3 prohibits repeated unwelcome or unwanted contact with another person. This criminal offense, known as stalking, does not necessarily involve violence. Following another person against his/her consent or permission is one common stalking behavior. For example, running into an ex-boyfriend at the store will not qualify as stalking.

However, if the ex-boyfriend decides to follow you to your workplace each morning, that behavior could qualify as stalking under Va. Code 18.2-60-3. If you are under investigation or charged with a stalking offense, you should understand the nature of this offense and the possible penalties you could face after conviction.

Our attorneys at Virginia Criminal Attorney are here to answer your questions and offer aggressive legal representation if you are under investigation, arrested, or have pending stalking charges in Fairfax.

A Look at Stalking Offense Under Va Code 18.2-60.3

Va. Code 18.2-60.3 defines what qualifies as the crime of stalking. According to this law, you commit a stalking crime when you intentionally engage in repeated conduct or behavior that puts another person or his/her immediate family in fear of physical injury, sexual assault, or death.

Stalking victims can include acquaintances, strangers, or public figures, depending on the circumstances, including the following:

• Stepchildren and children
• Former or current spouses
• Stepparents and parents
• Grandparents and grandchildren
• Your child’s co-parent
• Mother-in-law or father-in-law

However, it is not uncommon to find some stalkers following and harassing people with whom they do not have any previous connection. Some of the common reasons most people commit stalking offenses are often due to the following:

• A simple obsession, which is very common and could be dangerous
• Love obsession, especially with a celebrity
• A belief that the other person (victim) loves him/her

Regardless of the issues that led to your arrest as a suspect for a stalking offense, you should never undermine the seriousness of this offense in the eyes of the law. Depending on your case circumstances and facts, a stalking charge could attract felony or misdemeanor penalties after conviction.

Ensure you speak with a qualified defense attorney as soon as possible and give him/her all the information he/she needs about the case to help him/her prepare the best legal defenses to challenge the allegations you are facing.

Examples of Behaviors or Acts That Could Attract Stalking Charges

The court could consider various behaviors and acts as stalking when performed with the criminal intent to put another person in fear for his/her safety or that of his/her immediate family. According to Va. Code 18.2-60.3, the prosecutor must prove that you engaged in two or more occasions or incidents of stalking to secure a conviction against you under this statute. Below are examples of behaviors or acts that could qualify as a stalking offense:

• Following a person (victim) from one location to another
• Repeatedly texting or calling another person
• Showing up at a person’s house or residence without his/her permission
• Waiting for a person at his/her workplace or home without consent
• Sending threatening messages or voice notes on social media platforms
• Sending another person unwanted packages or gifts

While Va. Code 18.2-60.3 requires you to commit the above acts more than once to be guilty of a stalking offense, this statute does not prevent the prosecutor from filing other charges against you. For instance, being spotted at the car parking area of your ex-spouse’s apartment does not necessarily count as stalking because you can argue that your reason for going there was to check on your friend.

However, the prosecutor could file trespassing charges against you if the apartment management forbids strangers from accessing or entering the property without securing a valid gate pass.

What the Prosecutor Must Prove to Secure a Stalking Charge Conviction Against You

To convict you of a stalking offense, the court will expect the prosecutor to prove certain facts, also known as the “elements of the crime,” beyond a reasonable doubt. That means the prosecutor must have sufficient evidence to support these facts and his/her arguments to secure a conviction against you under Va. Code 18.2-60.3.

Described below are the facts the prosecutor must prove at trial to secure a stalking charge conviction against you:

1. You Engaged in a Specific Stalking Conduct or Behavior Two or More Times

To secure a conviction against you, the prosecutor must prove that you engaged in stalking behavior or acts mentioned in the previous sentence two or more times. For example, repeatedly calling or texting your ex-girlfriend after a breakup.

2. You Engaged in Stalking Conduct to Place Another Person (Victim) in Fear

Va. Code 18.2-60.3 requires the prosecutor to prove that you engaged in repetitive stalking conduct or acts with the criminal intent to harass or place the victim in fear of bodily injury, sexual assault, or death. Without a specific, clear purpose, the stalking charges will not stick, and the court could decide to dismiss your case or reduce it to a lighter offense.

It is worth noting that the prosecutor does not have to prove that the fear caused was the same in every instance in which you engaged in the stalking conduct to secure a conviction against you under Va. Code 18.2-60.3.

3. You Targeted Another Person with Your Stalking Behavior or Acts

The prosecutor must prove that your stalking conduct or acts were directed at another person to secure a conviction against you under Va. Code 18.2-60.3. That person could be a former employer, colleague, celebrity, or any household or family member listed in the previous paragraph.

The court will convict you of a stalking offense if the prosecutor’s arguments and evidence are convincing beyond a reasonable doubt. That means your case will proceed to the sentencing stage of the criminal court process, where a judge or jury will determine the ideal sentence for your unique violation.

However, if your defense attorney points out weaknesses in the prosecutor’s case against you and provides evidence to support his/her arguments, the court could dismiss or reduce your stalking charges. The rule of thumb is to have an aggressive defense attorney in your corner at every stage of the prosecution process, particularly at your case’s trial hearing.

Exceptions to the Stalking Offense Under Va. Code 18.2-60.3

Some people are exempt from stalking laws under Va. Code 18.2-60.3 due to the nature of their job. These individuals include the following:

• A law enforcement officer when he/she is performing his/her official duties
• A registered private investigator performing his/her duties in the course of his/her legitimate business

In other words, registered private investigators and law enforcement officers are legally allowed to perform their official responsibilities or legitimate business without worrying about the possibility of stalking charges. However, when they act outside their duties or the scope of their business, the prosecutor can file stalking charges against them.

Types of Protective Orders the Court Could Issue Against You When Facing a Stalking Offense

If you have pending stalking charges or are guilty of this offense, the court could issue a protective order against you to protect the victim. A protective order is a legal mechanism that prohibits you from threatening, contacting, or being violent towards the victim of the offense or his/her family.

Below are various types of restraining or protective orders the court could issue against you when charged with a stalking offense:

1. Emergency Protective Order (EPO)

According to Va. Code 19.2-152.8, the court can issue an EPO against you, preventing you from contacting the victim or his/her family members. This order will remain active for at least seventy-two (72) hours daily and ends at 5 pm. For a stalking offense, the EPO will remain active for at least three days.

2. Preliminary Protective Order (PPO)

After a conviction for a stalking charge, the court could issue a PPO against you, prohibiting you from contacting the victim and his/her family. After issuance of this order, it will remain active until a full hearing is scheduled. Violating the PPO by engaging in the prohibited acts will attract a new charge.

3. Protective Order (PO)

Va. Code 19.2-152.10 allows the court to issue a PO to the victim if he/she believes that he/she is in danger of stalking or abuse. The judge will issue a PO at a court hearing held within fifteen (15) days of issuance of the PPO. The PO could be valid for any period deemed necessary by the court, including up to a lifetime.

Potential Penalties You Could Face for a Stalking Charge Conviction

After a conviction for a stalking charge under Va. Code 18.2-60.3, your sentence could be harsh. Generally, lawmakers make the legal penalties for a stalking charge harsh to hold people liable for their behaviors and to deter people with similar behaviors.

However, the seriousness of the penalties the court will impose for a stalking charge conviction will depend on whether you are a first-time or second-time offender. Here is an overview of the penalties you should expect for a first-time and second-time stalking charge conviction under Va. Code 18.2-60.3, respectively:

1. First-Time Stalking Charge Conviction

If you are a first-time offender, the prosecutor will file your stalking offense as a class 1 misdemeanor, carrying the following possible legal penalties after conviction:

• A fine not exceeding $2500
• Not more than twelve (12) months of jail time
• Misdemeanor probation
• A protective order against you

Having a skilled defense attorney in your corner could significantly influence this outcome and possibly result in a lighter sentence.

2. Second and Subsequent Stalking Charge Conviction

The prosecutor will file your second or subsequent stalking charge within the past five (5) years as a class 6 felony, punishable by:

• A fine amounting to up to $2,500
• Up to five (5) years of jail time
• Felony probation
• A protective order against you

It is worth noting that violating a court-issued protective order against you after a stalking charge conviction could be contempt of court, attracting a Class 1 misdemeanor charge.

If you are eligible for a felony or misdemeanor probation instead of a fine or jail time, the court will require you to comply with specific terms and conditions, including:

• Seek rehabilitation services
• Comply with the protective order
• Seek medical treatment
• Perform community service

Securing probation is a more favorable sentence for a stalking charge conviction than serving jail time, but not everyone is eligible for this alternative sentence. Retaining the services of an aggressive and experienced attorney who understands how local judges and prosecutors treat stalking charges is key to securing the best possible outcome.

Other Negative Consequences of a Stalking Charge Conviction

Regretfully, a conviction for stalking will have several effects long after you have served your sentence and paid all your dues. Some of these ramifications include the following:

Loss of Your Civil Rights

A conviction for a felony stalking offense, especially those that involve violent acts, will result in the loss of your civil rights, including the right to:

• Serve on a jury
• Own or possess a firearm
• Vote
• Hold or run a public office

If you want the court to restore your civil rights, you must demonstrate a change of conduct or behavior and perform community service. Fortunately, you can apply for the restoration of your civil rights immediately after securing your release from jail or serving your sentence, regardless of whether your offense was violent or non-violent.

It is worth noting that the Governor’s pardon will restore some of your civil rights, including the right to vote, but this pardon will not restore your firearm rights.

Challenges Finding Employment

While the Governor’s pardon will restore some of your civil rights, it will not eliminate your criminal history. After securing a Governor’s pardon, you can vote and hold a public office, but some job opportunities, especially in the public sector, like teaching, could be challenging to qualify for.

Additionally, licensing agencies could revoke your active license or disqualify you from securing a practice license to work. As long as your criminal record is accessible by licensing agencies and potential employers, securing reliable employment after a stalking charge conviction could be challenging.

Challenges Qualifying for Loans

Whether you want a personal, auto, mortgage, or business loan, the lenders will likely consider your criminal record before approving your application. Some lenders will consider a criminal background, especially for a felony stalking offense, as a limiting factor on your ability to secure well-paying employment, meaning giving you a loan would be a risk for them.

Challenges in Securing Student Loans

A stalking charge conviction will not automatically make you ineligible for student loans, but it could make it challenging for your loan application to be approved.

Challenges Securing Housing

Most landlords conduct thorough background checks before accepting a prospective tenant’s application to live in his/her house or apartment. That means if you have a stalking charge conviction, your housing options could be significantly limited, especially in a tight rental market.

Deportation for Non-Citizens

While not all stalking offenses will result in deportation, some could attract these negative immigration consequences. That is particularly true if your stalking offense is related to domestic violence.

Unfavorable Judgment on a Child Custody Battle

If you are involved in a child custody battle after a divorce with your wife, a stalking charge conviction could result in an unfavorable judgment in a family court because the judge must consider the child’s best interests. That means the judge could decide you are not a fit parent for the child when the spouse’s attorney raises your stalking history during a child custody legal proceeding in a family court.

The best and wisest way to avoid or reduce these long-term consequences commonly associated with a stalking charge is to work with a skilled defense attorney immediately after an arrest. An experienced defense attorney could help you avoid a conviction or secure a lighter sentence with few long-term ramifications.

How a Defense Attorney Can Help When Charged With a Stalking Offense

If you are under investigation or charged with a stalking offense, securing the legal assistance of a skilled defense attorney is paramount. Here is how your defense attorney can help if you are facing a stalking offense in Fairfax:

He/She Will Investigate the Charges You are Facing

A thorough investigation of the facts leading to your arrest is necessary to prepare appropriate legal defenses for your unique charges. Once you retain the services of a skilled attorney, he/she will conduct the necessary investigation on your behalf, including interviewing eyewitnesses and collecting surveillance video footage to craft the best legal defenses to your charges.

He/She Will Scrutinize the Arresting Officer’s Conduct During and After Your Arrest

The police must adhere to a certain code of conduct when performing their official duties. For instance, after an arrest, the officers must inform you of your Miranda rights before questioning or interrogation. If the officers did not notify you of your constitutional rights, making you disclose incriminating information during an interrogation, your attorney can file a motion to suppress that evidence.

If the motion is successful, the court will exclude that specific evidence from the prosecutor’s case against you, making his/her case weak and increasing your odds of securing a favorable outcome.

He/she Will Offer You Valuable Legal Counsel

When you contact a defense attorney and explain your case, he/she will begin offering legal counsel on the options you can explore to secure a favorable outcome. Your defense attorney will also advise you on your legal rights as the defendant during the prosecution process.

He/she Will Negotiate Favorable a Plea Bargain Option

A defense attorney can negotiate a favorable plea bargain on your behalf when facing stalking charges. With significant justice system experience and knowledge of the laws surrounding your unique case, your defense attorney can negotiate with the prosecutor to reduce your stalking charges to a lighter offense.

Negotiating a favorable plea deal is wise, especially if the prosecutor has overwhelming evidence against you, meaning a conviction for a stalking charge is likely inevitable.

He/she Will Help You Challenge the Prosecutor’s Evidence at Trial

If your stalking charge reaches the trial phase, aggressive legal representation is vital because the court judgment is final. After keenly investigating your case, your defense attorney will know which legal defenses and evidence will work in your favor and which will not. Below are examples of legal defenses your attorney could assert at the trial hearing to challenge the stalking allegations you are facing:

• You did not have the intent to scare or harass the victim
• You are a victim of mistaken identity
• The prosecutor’s evidence against you is insufficient
• You did not follow, threaten, or harass the victim
• You followed the victim only once
• You are a victim of false accusations
• The victim wanted or consented to the contact

An experienced attorney can apply these legal defenses and back them up using appropriate arguments and evidence to help you secure a favorable outcome when charged with a stalking offense under Va. Code 18.2-60.3. Ensure you consult with an attorney as soon as possible to begin the investigation and process of building legal defenses to your unique charge.

Find a Criminal Defense Attorney Near Me

If you are arrested or charged with a stalking offense, you need expert legal advice immediately. An attorney’s early intervention in your case could increase your chances of securing a case dismissal or a lighter sentence.

Before you speak with the law enforcement officers, you should consult an attorney for legal guidance because anything you say could be used against you, limiting your chances of securing a favorable outcome. We invite you to call our credible defense attorneys at Virginia Criminal Attorney at 703-718-5533 if you are under arrest or charged with a stalking offense in Fairfax.