Fighting Against Stalking Charges in Illinois

 Posted on July 28, 2017 in Felonies & Misdemeanors

Stalking is considered a serious crime in Illinois, and it can result in numerous consequences for those who are convicted. Thankfully, there may be ways that you can fight back. The following explains more about the consequences of a stalking conviction. You will also learn where to find legal assistance, and why it is so important for your stalking criminal charges case.

Types of Stalking Charges in Illinois

There are three different types of stalking listed under Illinois’ Criminal Code, 720 ILCS 5/: stalking, cyberstalking, and aggravated stalking. Each has its own definition and set of consequences for conviction.

• Stalking is defined as knowingly and unjustly engaging in conduct that causes emotional distress or causes a person to fear for their life or safety (or the safety of a third-party) on at least two separate occasions. It can include everything from physically following someone to contacting them through email or watching them through surveillance without their knowledge or permission. The first offense is considered a Class 4 felony. Subsequent offenses are considered a Class 3 felony.
• Aggravated stalking is when one allegedly commits the act of stalking but also causes bodily harm to or uses restraint on the victim, or violates a temporary restraining order, no-contact order, or any other injunction that prohibits contact with the alleged victim. A first offense is considered a Class 3 felony, and subsequent offenses are considered Class 2 felonies.
• Cyberstalking is defined as any form of contact or conduct that takes place online and causes an alleged victim to either fear for their safety (or the safety of a third-party) or suffer emotional distress. It can also include setting up or maintaining an internet site that contains harassing statements. First offenses are considered Class 4 felonies, and subsequent offenses are considered Class 3 felonies.

Fighting Back Against the Charges

Stalking charges are not as clear-cut as the courts might like you to believe. In fact, there are many strategies and defenses that can be used. However, one should avoid trying to fight such charges alone since a conviction may result in prison time and could permanently scar your record. Furthermore, it should be noted that there may be additional charges tied to a stalking charge (i.e. sexual assault), so skilled guidance and representation can be crucial.

Scott F. Anderson, Attorney at Law, has over 25 years of experience. Dedicated and experienced, our Arlington Heights criminal defense lawyer will fight aggressively to protect your rights and best interests. In every case, we pursue the most favorable outcome. Ask how we can assist with your case by scheduling a personalized consultation. Call 847-253-3400.

Source:

http://www.ilga.gov/legislation/ilcs/documents/072000050k12-7.5.htm