Stalking

Respected Phoenix Criminal Defense Attorney Committed to Securing the Best Possible Result in Even the Toughest Cases

Stalking is a serious crime in Arizona that often involves allegations of harassment, surveillance, or threats that cause another person to fear for their safety. The law under A.R.S. § 13-2923 has evolved over the years to address new forms of stalking, including online harassment and the misuse of digital communications. While Arizona’s stalking laws are designed to protect individuals from legitimate threats, these charges are too often based on misunderstandings, false accusations, or situations where a person’s actions were misinterpreted.

If you have been charged with stalking, it is crucial to understand the legal implications and potential consequences. The Law Office of James E. Novak provides aggressive defense for individuals accused of stalking-related offenses, working to challenge weak evidence and protect your rights. Our Phoenix stalking attorney is immediately available to meet with you and start working on your defense.

Understanding Stalking Under A.R.S. § 13-2923

Arizona law defines stalking as a pattern of behavior that would cause a reasonable person to fear for their safety or the safety of their family members. Unlike simple harassment, stalking typically involves repeated actions over time that create a credible threat.

The law recognizes two levels of stalking:

• Class 5 Felony Stalking – If the alleged victim experiences emotional distress but not a specific fear of physical harm, the offense is charged as a class 5 felony, punishable by up to 2.5 years in prison for a first offense.
• Class 3 Felony Stalking – If the alleged victim fears serious bodily injury or death, the charge is elevated to a class 3 felony, carrying a potential sentence of up to 8.75 years in prison for a first offense.

To obtain a conviction, prosecutors must prove intent. This means showing you knowingly engaged in conduct that would cause fear in a reasonable person.

Common Allegations That Might Lead to Stalking Charges

Stalking charges can arise in a variety of situations, and what one person sees as persistence, another may interpret as threatening behavior. Some of the most common accusations include:

• Repeatedly contacting someone by phone, text, email, or social media after being asked to stop.
• Following or showing up at places where the alleged victim is known to be, such as their home, workplace, or school.
• Surveillance or monitoring—tracking a person’s movements without their consent.
• Using GPS tracking devices on a person’s vehicle or other personal property.
• Sending unwanted gifts, letters, or messages that make the recipient uncomfortable.
• Threatening harm to a person, their family, their pets, or their property.

Some stalking cases arise in the context of ongoing disputes, breakups, workplace conflicts, or even miscommunications where one party misinterprets the other’s intentions.

Domestic Stalking and Protective Orders

When stalking occurs in the context of a personal or family relationship, it is often classified as domestic stalking, leading to stricter penalties and additional legal consequences. Stalking may be considered a domestic violence offense if the accused and the alleged victim:

• Are spouses or former spouses
• Were in a romantic or dating relationship
• Share a child together
• Live together or have lived together in the past

A domestic stalking accusation frequently leads to the immediate issuance of an order of protection (commonly referred to as a restraining order). Violating a protective order is a separate domestic violence offense that can result in additional penalties, including arrest and jail time.

Domestic stalking cases are highly complex, as they often arise from emotional disputes, custody battles, or breakups. False accusations are not uncommon in heated legal battles, particularly when one party is trying to gain an advantage in divorce or family court.

Penalties for a Stalking Conviction

The penalties for a stalking conviction in Arizona vary based on the severity of the allegations. For example, courts consider whether there was a credible threat of harm and whether you have any prior criminal history. A conviction may result in:

• Prison time – Up to 2.5 years for a class 5 felony or up to 8.75 years for a class 3 felony.
• Fines – Significant court-imposed fines and restitution to the alleged victim.
• Restraining orders – A protective order prohibiting the defendant from contacting the alleged victim or going near their home, workplace, or family.
• Probation and monitoring – A court may impose strict probation terms, including electronic monitoring.
• Loss of firearm rights – A felony stalking conviction often results in the loss of the right to possess firearms.
• Impact on employment and reputation – A stalking conviction can make it difficult to obtain or maintain employment, pass background checks, or secure housing.

Because stalking is a crime of intimidation, courts take these charges very seriously, and a conviction can have lifelong consequences. It’s essential to do everything possible to avoid a guilty conviction.

Defenses to Stalking Charges

Stalking cases are often based on subjective interpretations of events, which means there may be room to challenge the allegations. Our Phoenix stalking lawyer can analyze the facts of your case and develop a strong strategy to defend against the charges. Common stalking defenses include:

• Lack of Intent. If you did not knowingly or intentionally cause fear, the prosecution may fail to prove one of the key elements of the crime.
• False Accusations – Stalking allegations sometimes arise out of revenge, personal disputes, or attempts to gain leverage in family law cases. Your attorney can expose inconsistencies in the accuser’s claims.
• No Pattern of Conduct. A single interaction or unintentional encounter does not meet the legal definition of stalking. Instead, the prosecution must establish a pattern of behavior to make out stalking charges.
• Insufficient Evidence. If the prosecution lacks concrete evidence, such as recorded threats, witness testimony, or documented communication, the case may not hold up in court.

Each case is unique, and a well-prepared defense can make a significant difference in the outcome.

Why You Need an Experienced Stalking Defense Lawyer

A stalking charge can impact every aspect of your life, from your freedom to your reputation and future opportunities. In many cases, these accusations stem from misunderstandings, exaggerated claims, or false reports. However, it is still imperative to have an aggressive defense attorney on your side.

At the Law Office of James E. Novak, our Phoenix stalking attorney has extensive experience handling these cases and will work tirelessly to defend your future. We understand your situation, and we are committed to fighting for the best possible outcome for your case.

Contact the Law Office of James E. Novak to Start Working on Your Defense Today

If you are facing stalking charges in Arizona, do not wait to seek legal help. A conviction can result in serious penalties and long-term consequences, but an experienced attorney can help protect your future. Call the Law Office of James E. Novak at 480-413-1499 or reach out through our secure online contact form to schedule a free consultation. We are ready to stand by your side and build a powerful defense.