Stalking

Is Stalking a Felony Charge?

Stalking in North Carolina is a serious crime that can be charged at both the misdemeanor and felony levels. Many are confused as to walk a stalking charge entails. After all, if the person does not inflict bodily harm, why does it matter? Really though, North Carolina law has strict penalties for stalking, cyberstalking and harassment. Generally, an arrest for stalking can trigger a forty-eight-hour hold in custody and is viewed by many district attorneys’ offices as an offense to be vigorously prosecuted. At Greenwood Law, we have the experience and the ability to navigate the consequences of any person charged with stalking in North Carolina and we will zealously advocate for you throughout the entire process.

Charged With Stalking in North Carolina?

Stalking in North Carolina is defined as willfully, on more than one occasion, harassing another person or willfully engaging in a course of conduct directed at a person that causes a person to fear for his or her safety or the safety of a family member or suffer substantial, emotional distress by being placed in fear of death, bodily injury, or continued harassment. Stalking in North Carolina is a Class A1 Misdemeanor, but it also can be charged as a felony if a person has a prior stalking conviction or if there is a court order in place prohibiting stalking.

If you are charged with stalking, it is imperative to hire an experienced attorney in order to defend you and to avoid potential consequences. The attorneys at Greenwood Law are very capable of handling every aspect of a case involving stalking and we will guide you every step of the way.

Does North Carolina’s Law About Stalking Talk About Electronic Messaging?

Yes, North Carolina’s law on stalking does address electronic messaging. According to North Carolina General Statutes § 14-277.3A, the term “stalking” includes various forms of harassment, including those conducted through electronic means. Really, it can be anything that causes a person substantial emotional distress from repeated unrequited contact. This includes a variety of different electronic communications such as emails, text messages, phone calls, social media interactions, any digital communications, or other wireless telephonic communication that could cause a person to fear for their safety or suffer substantial emotional distress. What about voice mail messages? Yes. Even voice mail messages and electronic mail messages are considered stalking.

This is an important point, because even if you are one of the supposed “victims” close personal associates, you can still be charged with stalking. If the person’s safety is as risk, or if they feel that it is based on the behavior of the accused, North Carolina’s law classifies the instance as stalking or harassment. Being charged with a stalking offense is extremely stressful. If you are charged with a crime, it’s essentially to retain an attorney right away.

Penalties for Stalking in North Carolina

In North Carolina, stalking is considered a serious crime with significant penalties. What actually constitutes stalking? According to North Carolina General Statutes § 14-277.3A, the penalties for stalking vary depending on whether it is a first offense or if there are prior convictions

In a first offense, as previously mentioned, stalking is a Class A1 misdemeanor. The penalties for this in NC are up to 150 days of active, intermediate, or a community punishment, fines, and other court-imposed conditions. If the person convicted as a previous offense of stalking, it is considered a second, or subsequent offense. Then it is elevated to a Class F Felony. Class F Felonies include 10–41 months of imprisonment, depending on the circumstances and individual’s criminal history. A lot of times, other factors, like if the other person willfully tried to inflict emotional harm, could affect a case in the eyes of the jury. In addition to criminal penalties, individuals convicted of stalking may also face civil consequences, such as restraining orders.

Examples of Stalking in North Carolina

What are some examples of stalking in North Carolina? Perhaps a person receives unwanted written or printed communication time and time again. Would this be classified as stalking? The answer is yes, IF the person who is receiving these notes feels threatened and terrorized, and the information in question does not serve any legitimate purpose.

In North Carolina, stalking can take various forms. Some other examples of stalking or cyberstalking include:

Repeated Unwanted Communication: Sending persistent, unwanted emails, text messages, social media messages, or letters, despite being asked to stop.
Following or Spying: Physically following someone, showing up at their home, workplace, or other places they frequent without a legitimate reason.
Unwanted Gifts: Sending or leaving unwanted gifts, flowers, or other items for the person being stalked.
Surveillance: Using technology, such as GPS trackers or hidden cameras, to monitor someone’s movements or activities without their consent.
Harassment through Third Parties: Contacting friends, family, or coworkers to gather information about the person being stalked or to relay messages.
Threats: Making verbal, written, or implied threats that cause the person to fear for their safety or the safety of their loved ones.
Property Damage: Vandalizing the person’s property, such as their car, home, or personal belongings.
Online Harassment: Using social media or other online platforms to post threatening messages, share private information, or impersonate the person being stalked.
Unwanted Appearances: Showing up uninvited at places where the person being stalked is known to be, such as social events, classes, or public locations.
Obscene or Harassing Phone Calls: Repeatedly calling someone and making obscene or harassing statements

Each of these behaviors can contribute to a pattern of conduct that constitutes stalking if they cause the person being targeted to fear for their safety or suffer substantial emotional distress.

Fighting For Defendant’s Rights Throughout North Carolina

These are serious charges. You have the right to a lawyer, such as one at Greenwood Law who knows how to present cases to district attorneys and to the Court. You also have the right to a fair trial, and you are presumed innocent until proven guilty. If you are facing stalking charges in Winston-Salem, throughout Forsyth County or elsewhere in the Triad, contact our law firm, Greenwood Law by calling 336-661-8788. Schedule your free initial consultation over the phone or by using this online contact form. Remember: The best offense starts with a good defense. Call today to start protecting your rights immediately.