Ocean City Stalking Lawyer
Stalking is defined as a repeated pattern of behavior, the purpose of which is to put the victim in fear of being assaulted, harassed, or harmed. The conduct could be to place the alleged victim in fear of those things happening to them or to a third party, such as the spouse or child. If you have been charged with this offense, contact a proficient defense attorney. An Ocean City stalking lawyer could help you effectively prepare for a trial.
What Types of Behavior can Lead to Stalking Charges?
The type of behavior required to cause someone to be charged with stalking would be actions taken over an extended period. If the behavior involved just one action, that probably is not to going to rise to the level of stalking, but if behavior was frequent and involved several incidents over an extended period, such as repeated telephone calls, contact via emails or social media, statements in person, that is considered stalking. Also, malicious behavior intended to cause the victim to suffer emotional distress can lead to a stalking charge.
Misunderstandings and Exaggerations in Stalking Cases
It is unlikely that a person would be charged with stalking just because of a misunderstanding. That is more likely to lead to a charge of harassment. The crime of stalking means the defendant has engaged in a pattern of behavior and it takes place toward a person over an extended period with the intent to place them in fear, emotional distress. It is unlikely that type of behavior is because of a simple misunderstanding or has been exaggerated. For more infromation, get in contact with
Steps an Attorney may take when Preparing a Defense
One of the most important steps an Ocean City stalking lawyer may take in preparing a defense is to get a copy of the charging document and see the specific allegations of behavior by the defendant. Police officers and commissioners often are very quick to charge an individual with stalking even though there is no evidence. Often, it is more of a harassment case than of stalking. Therefore, it is important to have an attorney who knows that distinction and will point it out to either the prosecution or the judge if at trial.
A good defense attorney also knows that just because a person has been charged with something does not necessarily mean they are guilty of it. Often, people take advantage of the system and seek harassment and stalking charges to gain some type of advantage. For example, they may think it will help them in a divorce or custody case they have pending with the defendant, so they fabricate the basis for a harassment or stalking charge. The attorney will see if it is possible to establish that the defendant was nowhere near the victim when the alleged behavior took place.
Compiling Evidence in a Stalking Case?
The state attorney is responsible for compiling the evidence in support of a harassment or stalking charge, and it is in the responsibility of a criminal attorney to refute that evidence. The state must prove beyond a reasonable doubt that the defendant committed a crime. There are cases in which the defendant rightly has nothing to prepare. The whole defense’s strategy is showing all of the weaknesses in the state’s case.
An attorney cannot use that as the default every time, however, so it is important for an Ocean City stalking lawyer to do their due diligence and make sure they understand what is going on in the case and do the necessary work to prove the defendant could not have been guilty. In some cases, it is a matter of putting together the evidence that will clearly impeach the alleged victim. Perhaps the person has made statements about wanting to get the defendant in trouble because there is a divorce or custody hearing pending.
Benefits of Hiring an Ocean City Stalking Attorney
Stalking is a serious crime, even though it is a misdemeanor because it carries a maximum penalty of five years, plus a fine. The person charged with stalking should want the protection of an Ocean City stalking lawyer. The behavior also could involve other associated crimes, and if so, sentences could run consecutively. For example, if the defendant were charged with stalking by placing them in fear that they were going to suffer serious bodily injury, and then the defendant follows through and actually does assault the victim, convictions for both of those crimes could result in consecutive sentences.
