Stalking Defense Lawyers in Madison, Wisconsin

Providing Qualified Legal Representation for Individuals Accused of Criminal Offenses

If you have been accused of a stalking offense, you must obtain qualified legal representation immediately. Wisconsin law has imposed stiff criminal penalties for stalking behavior. Depending on the circumstances surrounding the case, an individual convicted of stalking charges could face a lengthy prison sentence and a significant fine.

Generally, many stalking offenses are not eligible to be sealed or expunged. As a result, an individual convicted of stalking will be hampered by a felony conviction on their criminal record, which can make it challenging to achieve life goals. Convicted felons are prohibited from enlisting in the military, attending the higher learning institution of their choice, obtaining loans, or adequate housing.

Because the stakes are so high, anyone facing a stalking charge should never try to handle their case independently. Instead, hiring an experienced lawyer who will evaluate your case and determine the best defense strategy for your legal needs is always best.

Contact Casper Mehlos Law Group of Madison, WI, and ask to schedule a free, confidential consultation to learn more about our legal services.

What is the Difference Between Stalking and Harassment?

Often, the terms “stalking” and “harassment” are used interchangeably when discussing a course of conduct directed at a specific person. However, the two terms have specific legal differences under state law. Even though stalking is considered to be the more serious of the two criminal acts, both can result in significant penalties.

Harassment

Harassment occurs when a person intends to intimidate or threaten a victim. Other legal elements that can lead to a perpetrator being charged with harassment include:

Hitting, pushing, kicking, threatening, or making physical contact with an alleged victim
Engaging in repeated acts or behavior intended to harass or intimidate the victim while serving no legitimate purpose

A conviction for basic harassment can result in the offender being fined up to $1,000. However, harassment may be charged as a Class A misdemeanor if the act causes a reasonable person to feel fear or the risk of death or if the harassment violates a restraining order. Anyone convicted of a Class A misdemeanor may be sentenced to up to 9 months in county jail and a $10,000 fine. However, a Class A misdemeanor stalking charge may be upgraded to a felony for repeat violations.

Stalking

Stalking occurs when an individual engages in direct conduct that would make a reasonable fear for their safety. The individual accused of the stalking behavior must be committing the acts outlined under Wisconsin law with the intent to cause emotional distress.

Stalking charges also differ from harassment charges in the time to which the defendant may be sentenced if convicted.

What Legal Elements Must Exist to Charge a Person With a Stalking Crime?

Wisconsin law defines stalking as when an individual engages in a course of conduct toward another person that has no legitimate purpose and would cause a reasonable person to suffer substantial emotional distress, fear for their safety, or fear the threat of bodily injury. Stalking laws also apply to the victim’s family, who have reasonable fear that their safety may be jeopardized.

State law also identifies nine courses of conduct carried out by individuals that could lead to them being charged with stalking. However, two or more acts directed at a specific person must be carried out to meet the legal criteria to be considered stalking behavior. It is also important to remember that regardless of the time that may elapse between each course of conduct, a person may still be charged if it can be demonstrated that there is a continuity of purpose.

The nine courses of conduct include:

Maintaining a constant visual or physical presence with the alleged victim
Accosting the victim
Appearing at the victim’s home or attempting to contact their neighbors
Entering the victim’s property uninvited
Leaving unwanted gifts or other objects on the person’s property
Making unwanted contact with the victim through phone calls or electronic communication
Sending written correspondence or messages to the victim
Showing up at the victim’s place of employment or trying to make contact with their employers or co-workers
Delivering unwanted gifts or objects to a victim’s family member

If you need further clarification regarding what constitutes a credible threat or the nine courses of conduct directed at others that could lead to stalking charges, contact our Madison law offices to learn more.

What Are the Criminal Penalties for Stalking in Wisconsin?

State law imposes stiff penalties for stalking, especially if aggravating factors are present. Wisconsin criminal penalties for stalking include:

Class I felony: Individuals charged with stalking without aggravating factors are typically charged with a Class I felony and may be sentenced to up to three years and a half years in state prison and a fine of up to $10,000
Class H felony: Individuals who have a prior conviction for stalking or a violent crime may be charged with Class H felony stalking. An individual may also be charged with a Class H felony if they have a prior conviction for a previous crime perpetrated against the alleged stalking victim. Finally, the same type of felony charges may be filed if the accused used or illegally intercepted electronic communication to facilitate stalking or if the victim was under 18. A Class H felony conviction can result in offenders being sentenced to 6 years in state prison and a fine of up to $10,000
Class F felony: A defendant may be charged with Class F felony stalking if the crime resulted in the victim or a member of their immediate family suffering physical harm. Additionally, suppose the alleged perpetrator used a deadly weapon in the commission of the criminal offense. In that case, individuals convicted of a Class F felony stalking charge may face a 12-and-a-half-year prison sentence and a fine of up to $25,000

Anyone charged with a felony offense should always hire a highly skilled lawyer to help defend their legal rights and avoid prison time. If you have been accused of a stalking offense, contact Casper Mehlos Law Group today to schedule a free initial consultation to discuss legal options.

Are There Any Legal Defenses to Stalking Charges?

Because stalking charges can result in defendants being sentenced to state prison and hefty fines, defendants need a highly trained lawyer on their side who can fight to protect their freedom.

However, to obtain a felony conviction for stalking, prosecutors must prove that each legal element of the alleged offense beyond a reasonable doubt. For example, the state must prove that the defendant intentionally engaged in a course of conduct that caused the victim to fear for his or her safety.

If the prosecution cannot substantiate the charges with clear and convincing evidence, an individual may not be charged with stalking. The same standards hold true if the alleged victim cannot prove that the defendant engaged in acts that made them or the person’s family feel threatened.

Lastly, depending on the facts of the case, our criminal defense lawyers may be able to prove that the alleged victim made false allegations. Sadly, in many instances, estranged spouses may make unsubstantiated claims for revenge or to profit from a divorce.

Finally, Casper Mehlos Law Group recognizes that individuals often make poor choices that lead them to become involved with the criminal justice system. One of the most important steps that anyone charged with stalking can take to avoid a felony stalking conviction, and lengthy prison sentence is to ensure they have a qualified attorney who will build a solid defense strategy on their behalf.

When is the Right Time to Hire a Criminal Defense Attorney to Fight Stalking Charges?

One of the biggest mistakes individuals who think they may be accused of a crime can make is waiting to hire an attorney. Instead, anyone who thinks that stalking may be a possibility must hire a criminal defense attorney who can advise them of their legal rights.

Being proactive is essential when fighting a potential stalking charge. It gives a criminal defense lawyer time to thoroughly evaluate the case before their client may have to speak with law enforcement. Waiting until the police have pressed charges puts a lawyer at a severe disadvantage, as they have to work overtime to learn the facts of the case and develop legal strategies.

Unfortunately, Wisconsin police and prosecutors are often overzealous and react without having all the evidence in the interest of public safety. For these reasons, individuals must meet with a defense attorney to discuss the case and advise them of their legal rights.

Moreover, anyone who has prior convictions and has served jail time for stalking cannot afford not to consult with an attorney to protect their reputation and freedom.

If you fear that you may be charged with stalking, contact our Madison law office to speak with a knowledgeable attorney today to learn what legal options may work for you.

Why Should I Trust Your Criminal Defense Attorney to Defend Me Against Stalking Charges?

Casper Mehlos Law Group has a well-earned reputation for helping individuals charged with stalking offenses. Our team of legal professionals takes pride in our refusal to make judgments but instead protect our client’s rights.

Even though the state has the burden of proof when pursuing stalking charges, our attorneys are passionately committed to ensuring that our clients are treated fairly. When you come to us for help with your legal defense, we will assess the state’s evidence and determine the case’s strengths and weaknesses.

Many clients fear having to go to court to resolve their legal issues. However, the Casper Mehlos Law Group has experienced attorneys and well-trained negotiators. Depending on the facts involved in the case, we may be able to negotiate with the prosecution to try to have your charges dismissed or reduced. We may also be able to request that you receive probation to avoid a felony conviction.

However, the court will take into consideration several factors before determining if probation is appropriate, which include:

Age
Prior convictions
Any potential safety risks to the public
Any harm or fear suffered by the victim or their immediate family

To learn more about the legal services we offer to clients, contact the Casper Mehlos Law Group by calling (608) 820-8926 and ask to schedule a free, no-obligation consultation so that we may review your case.