Are you facing Stalking Charges in Hampshire or Franklin Counties?
Being accused of stalking can be an embarrassing, hurtful, and confusing experience. The accusation may have even come from someone you have a relationship or history with, perhaps the person misunderstood your intentions or are trying to seek revenge or punish you in some way. Whatever the reason is, the allegation is serious, and you need to retain a reputable and experienced Hampshire County criminal defense lawyer to protect your rights and counsel you on the best strategy possible.
Stalking is a serious crime in Massachusetts
In Massachusetts, stalking is a serious offense that carries life-changing penalties. An experienced stalking defense lawyer understands that even a first-time offense could land you in a House of Corrections for up to 2 ½ years. The Law Office of Criminal Defense Attorney Thomas Kokonowski helps individuals accused of stalking in Hampshire and Franklin County stay out of jail and preserve their reputation.
Massachusetts Stalking Laws
In Massachusetts, it is illegal to intentionally and repeatedly follow, harass, or cyberstalk another person in a manner that makes them feel threatened or fearful for their safety. An accusation, however minor, may cause you personal distress and hardship, not to mention what a stalking charge can do to your reputation. You need to know how to defend yourself. Don’t hesitate to contact a seasoned Hampshire County or Franklin County Stalking defense attorney to learn more.
What constitutes a Conviction for Stalking Charges
For you to be found guilty of stalking, the prosecution needs to prove the following elements beyond a reasonable doubt:
- you willfully and maliciously engaged in conduct that was alarming or annoying to the alleged victim
- your conduct would cause a reasonable person to suffer substantial emotional distress
- you made threats with the intention of making the alleged victim fearful of death or bodily injury
What Constitutes Stalking? If you stand accused of any of these, contact a Stalking Defense Lawyer today!
- Monitoring another person’s whereabouts, conversations with other people, social networking activity
- waiting outside of their home or workplace
- making harassing phone calls
- sending letters, emails, or texts
- taking photos or video without consent, posting online
- sending unwanted gifts
- damaging the person’s property
- threatening to hurt the person’s family, friends, or pets
- spreading lies against the individual with the goal of causing pain, severe frustration or fear
Massachusetts Stalking Penalties
Stalking – First Offense
- up to 2 ½ Years in House of Correction, or
- up to 5 Years in state prison, and
- fine up to $1,000
Stalking – Second Offense
- imprisonment no less than two years but no more than ten years
Stalking in Violation of a No-Contact Order (Aggravated Stalking)
- imprisonment for one year but not more than five years
Points your Stalking Defense Attorney may use for Beating a Stalking Charge
- Demonstrate that there was no intent to invoke or cause fear or harm; no credible threat or verbal or physical gestures to indicate violence
- Prove that contact was mutual and voluntary
- Expose ulterior motives of alleged victim, or sought some form of revenge
- Show that the alleged victim lied about what happened
- You were exercising free speech
- A case of mistaken identity
Get the help you need from an experienced Stalking Defense Attorney
Founding attorney Tom Kokonowski worked as a prosecutor for over 25 years. This experience has given him insight into how to defend those facing criminal accusations in Hampshire and Franklin County.
If you are facing a stalking charge or have had a restraining order filed against you, call today to schedule a free consultation.
Northhampton office: 413-585-9200
Amherst office: 413-549-0022