Stalking

Attorneys Van Wagner & Wood, Criminal Defense Lawyers, Madison WI

Wisconsins definition of stalking consists of directed conduct occurring on two separate occasions over any period of time, during one of which the alleged stalker became aware that his or her advances were not welcome. Some of the following behaviors, otherwise legal, can be used by a prosecutor to charge a person with the crime of stalking.

ACTIONS DEFINING WISCONSINS STALKING LAW

Watching or remaining in close physical proximity to another person,

Speaking to or confronting another person,

Visiting the place of employment of another person,

Speaking with the coworkers of another person,

Visiting the home of another person,

Speaking with the neighbors of another person,

Walking, driving, biking, or accessing in any manner the property owned, leased, or simply occupied by another person,

Contacting another person by phone,

Attempting to contact another person by phone at least twice without a conversation taking place,

Photographing, video taping, audio taping, or otherwise recording the other person, regardless of where these recordings might take place,

Delivering flowers or any other object to another person, any member of their family or any person who currently or in the past 6 months has resided in their household, to their employer or to any coworker or friend,

Or causing any of the above actions to be committed by another, such as a flower shop delivery service, a fed-ex truck, or any other agent.

It should be noted that the Wisconsin legislature specifically included in the statute that the actions defining Wisconsins stalking law do not apply to actions and conduct protected by every persons basic right to freedom of speech or to peaceful assembly, nor to labor disputes.

TERMS USED IN WISCONSINS STALKING LAW

The person performing the actions is called the alleged stalker; the person towards whom these sorts of actions are directed, of course, is allegedly a victim.

The alleged victim claims that the actions caused them to feel tormented, harassed, threatened, intimidated, or terrified, or

Alternatively, the alleged victim claims that they feared bodily injury or death of their own self, a family member, or a person who currently or has in the past 6 months resided in their home, and

The alleged stalker became aware, or should at least have become aware, that on at least one of the days the alleged victim felt or should have felt emotional distress, or

Alternatively, the alleged victim did or should have feared bodily injury or death to their own self, to a family member, or to a person who currently or has in the past 6 months resided in his/her home, and

The actions were the actual cause for the alleged victim to feel tormented, harassed, threatened, intimidated, or terrified, or

The actions were the actual cause for the alleged victims fear of bodily injury or death to their own self, a family member, or a person who currently or has in the past 6 months resided in his/her home.

CRIMINAL STALKING IN WISCONSIN CLASSES OF THE CRIME

Class I Felony

Regardless of whether the alleged stalker and alleged victim have ever had any other contact other than two incidence from the actions list, if all of the criteria is met, the alleged stalker may be charged with a Class I Felony, which may result in a fine of up to $10,000, or imprisonment of up to 3 ½ years, or both.

If the alleged stalker was also previously convicted for having committed a sexual assault or domestic abuse against the alleged victim, then the State may charge the alleged stalker with a felony even where there is only one incident from the directed actions list, so long as all but the first two items in the criteria list are also alleged.

Class H Felony

If the alleged stalker was previously convicted for a violent crime against any other person, or was convicted for stalking any other person, they may be charged with a Class H Felony, which may result in fines up to $10,000, imprisonment for up to 6 years, or both.

If within the past 7 years the alleged stalker was previously convicted of a crime against the same alleged victim named in the later charge, the alleged stalker may be charged with the more serious Class H Felony.

If the alleged stalker intentionally accesses personal electronic data, intercepts a telephone, wire, electronic or other oral communication, or traps or traces information containing the alleged victims personal data in order to facilitate the alleged stalking, the alleged stalker may be charged with a Class H Felony.

If the alleged victim is under the age of 18 years at the time of the alleged stalking, the alleged stalker may be charged with a Class H Felony.

Class F Felony

If the alleged stalking actions result in bodily harm to the alleged victim or a member of the alleged victims family or a person who recently or currently resides in the victims home, the alleged stalker may be charged with a Class F Felony, which may result in fines up to $25,000, or imprisonment for up to 12 ½ years, or both.

If the alleged stalker was also convicted of murder, homicide, mayhem, sexual assault of an adult or a child, use of a deadly weapon, arson, explosives, burglary, physical abuse of a child, sexual exploitation of a child, causing a child to view or listen to sexual activity, child enticement, solicitation of a child for prostitution, or abduction of anothers child, or had previously been convicted of stalking the alleged victim within the past 7 years, the alleged stalker may be charged with a Class F Felony.

If the alleged stalker uses a dangerous weapon to carry out any of the actions, the alleged stalker may be charged with a Class F Felony.

What Can You Do?

The attorneys at Van Wagner & Wood are experienced criminal defense lawyers. Van Wagner & Wood's criminal defense lawyers have represented many people accused, arrested and charged with the crime of stalking. Every case is different and while there are no guarantees, once enlisted those criminal defense lawyers will take steps to avoid criminal stalking charges from being filed, wherever possible. They have often managed to persuade prosecutors not to charge their clients, even in the face of strong evidence that the crime was committed. And if the charges are filed, you can be reassured that those attorneys will bring their more than thirty years of combined criminal defense and criminal trial skills to your defense, seeking the best possible outcome, at all times.

Time is a crucial factor: it takes time to gather the appropriate evidence and prepare a proper defense or negotiate with the prosecutor in an effort to avoid, reduce or drop the charges against you. Stalking criminal charges are nothing like stalker tracker; they are felonies. The earlier you get Van Wagner & Wood involved in your case, the greater your chances for a very favorably outcome.

If you are under investigation for stalking, if you have been charged with stalking, or if you have already been convicted of stalking, please call ( or ) to speak with a highly experienced and tremendously qualified criminal defense attorney at Van Wagner & Wood. Those attorneys are known for their frank, candid and quick assessment of criminal cases, as well as their prompt responses.

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