Dealing With a Criminal Charge of Aggravated Stalking in Georgia

Elements of Aggravated Stalking Under the Georgia Code

The offense of aggravated stalking is essentially an elevated form of stalking. So, to understand aggravated stalking, it is important to first look into the components of stalking as defined under the Georgia Code.

Stalking 

A person commits stalking in Georgia if they do any of the following without the victim’s consent:

• Follows the victim

• Places them under surveillance

• Contacts them in any place or at any time

These acts must be done with the intention of harassing and intimidating the victim. The law interprets “harass or intimidate” in this context to mean any wilful conduct that causes the victim emotional distress by making them reasonably afraid for their safety or that of their loved ones. 

Stalking also occurs when a person against whom there is an existing temporary or permanent protective order publishes the protected person’s name and contact information leading to harassment from third parties. Here, the defendant does not need to contact or follow the victim physically for stalking to occur. It is enough that the defendant set the victim up for harassment and intimidation by empowering others to do the harassing on their behalf.

Aggravated Stalking

Aggravated stalking involves elements from the two kinds of stalking described above. An aggravated stalking charge typically alleges the following:

• There is an existing temporary protective order, bond to keep the peace, good behavior bond, permanent injunction, condition of probation/parole or condition of pretrial release, or any other restraining court order against the defendant and for the victim’s benefit.

• The order in question prohibits acts of stalking. 

• The defendant violated the active court order by contacting, following, or placing the victim under surveillance without their consent. 

The prosecution may establish aggravated stalking charges by showing a pattern of intimidation and harassment from the defendant towards the victim over time. But in some cases, one contact incident may be enough to ground a conviction.

If you are under any of such restraining orders, you must try to comply with the set terms. Otherwise, you risk facing aggravated stalking charges and the harsh penalties that follow a conviction.

Penalties for Aggravated Stalking 

Aggravated stalking is a serious crime punishable by imprisonment for between one to ten years and a fine of up to $10,000 upon conviction.

The judge may also issue a permanent restraining order to protect the victim and their immediate family. 

Before deciding on the sentence but after conviction, the judge may require the person convicted to undergo a psychological evaluation. The evaluation results and the defendant’s criminal history would determine the nature and length of the sentence. 

Other Consequences of an Aggravated Stalking Conviction 

An aggravated stalking conviction could ruin a person’s reputation and affect the quality of their life even after completing their sentence.

For instance, if the defendant is a second or subsequent aggravated stalking offender, the law requires the court clerk where the case was tried to publish a legal notice of conviction.

According to the Georgia Code, the notice must contain the following details:

• A photograph of the convict taken by the police at the time of the arrest

• The date, time, and place of arrest

• The outcome of the case

This notice alerts everyone around to the defendant’s convicted status, which could lead to shunning by society. 

Also, as aggravated stalking is a felony, convicts’ conviction records are available to the public without the convict’s consent. This could affect their ability to reintegrate into society or secure employment after serving their sentence.

The consequences of an aggravated stalking conviction are very unpleasant and far-reaching. If you are facing such charges, you’ll need to defend yourself diligently if you hope to avoid a conviction. Yes, it is the prosecution’s job to prove the charge against you beyond a reasonable doubt. But it is your job to disprove the prosecution’s evidence and establish doubt in the minds of the jury.

Possible Defenses to an Aggravated Stalking Charge

Like other criminal charges, certain legal defenses could help a person facing aggravated stalking charges walk free if established successfully. They include the following:

Mistaken Identity

The victim may have incorrectly identified the supposed stalker. A defendant can avoid a conviction by disproving their identification as the culprit. In that case, it is left for the law enforcement officials to find the actual offender.

Consent

From the elements of the offense, as discussed earlier, it is evident that stalking or aggravated stalking charges are based on a lack of consent on the victim’s part. If the defendant can show that the “offending” acts were done with the victim’s permission, there may be no basis for a conviction.

Protected Activities 

Under the Georgia Code, persons engaged in protected activities such as law enforcement or other lawful business or professional activities are not liable for stalking where the acts complained of were done in the course of their duties.

There are other legal defenses for aggravated stalking offenses not mentioned here. The circumstance in which each defense is appropriate varies, so unless you have extensive criminal defense knowledge, attempting to establish a suitable defense on your own could be problematic. Instead, consider getting a skilled criminal defense attorney to defend you and pursue a positive outcome on your behalf.

Get Help With Your Georgia Aggravated Stalking Charges at Philip Kim Law, P.C.

Do you have further questions about your stalking or aggravated stalking charge or need a formidable legal defender? Contact Philip Kim Law, P.C., for help and answers that could turn things around for the better.

Our experienced criminal defense attorney is waiting to assess your case, represent you, and help you navigate the criminal justice system to improve your chances of success. 

Our violent crimes lawyer can also help those facing domestic violence charges devise a suitable domestic violence defense strategy. If you or your loved one are facing such charges, do not hesitate to get in touch with us. Book your free consultation immediately to get started.