Stalking

Highly Experienced Phoenix Criminal Defense Lawyer Aggressively Defending Clients Charged with Stalking and Harassment

Stalking charges in Arizona can arise from a wide variety of situations, from unwanted communication to persistent following or monitoring of another person. While some cases involve clear threats or intimidation, others stem from misunderstandings or exaggerated claims. Arizona law under A.R.S. § 13-2923 defines stalking as engaging in a pattern of behavior that causes someone to fear for their safety or the safety of their loved ones. Because stalking is often classified as a felony, a conviction can lead to serious consequences, including prison time and a permanent criminal record. If you are facing stalking charges, the Law Office of James E. Novak is prepared to defend your rights and help you fight back.

What Is Stalking Under A.R.S. § 13-2923?

Under A.R.S. § 13-2923, stalking occurs when someone knowingly or intentionally engages in actions directed at a specific person, that either:

  1. Causes fear of physical harm, or
  2. Causes them to experience emotional distress.

To be charged with stalking, the behavior must involve a pattern of conduct, meaning repeated actions over time. A single incident is generally not enough to charge you with stalking.

Examples of Stalking in Arizona

Examples of behavior that may lead to stalking charges include:

  • Repeatedly following or monitoring someone in person or online.
  • Unwanted and persistent communication via phone calls, texts, emails, or social media.
  • Showing up uninvited to the alleged victim’s home, workplace, or other locations.
  • Threatening messages or conduct, either directly or through a third party.
  • Tampering with personal property or sending unwanted gifts.

Because stalking laws are broad, many behaviors that may not seem threatening to one person could be interpreted as harassment or intimidation by another. It is the prosecution’s job to prove that you acted knowingly and that your behavior caused legitimate fear or distress in the alleged victim. If they can’t, then the judge or jury must find you not guilty.

Domestic Violence Stalking

Stalking charges often arise in the context of domestic relationships, where it can be charged as domestic violence stalking if it involves a spouse, ex-spouse, romantic partner, co-parent, or household member. Arizona treats domestic violence-related crimes very seriously, and domestic context can result in additional consequences, such as:

  • Restraining orders or protective orders: The court may issue a no-contact order that restricts communication and proximity to the alleged victim.
  • Stricter sentencing: Domestic violence stalking is often treated as a more serious offense, leading to longer prison terms and steeper fines.
  • Impact on child custody: A conviction for domestic violence stalking may negatively impact parental rights and custody arrangements.

Domestic violence stalking cases often arise from contentious breakups, custody disputes, or ongoing conflicts between former partners. Unfortunately, false or exaggerated accusations are not uncommon in these emotional situations. If you are facing a domestic violence stalking charge, an experienced criminal defense attorney can challenge the evidence and fight for your rights.

Penalties for Stalking in Arizona

In Arizona, stalking is always a felony; however, the specific penalties depend on the severity of the allegations. Under A.R.S. § 13-2923, stalking is classified as either a class 5 or class 3 felony:

  • Class 5 felony: If the conduct causes emotional distress, the penalty includes 6 months to 2.5 years in prison, plus fines and probation.
  • Class 3 felony: If the conduct causes the victim to fear death or serious physical injury, the penalty increases to 2 to 8.75 years in prison.

For individuals with prior convictions or those on probation, the sentencing range may be significantly enhanced, potentially leading to mandatory prison time.

Additional consequences of a stalking conviction include:

  • A permanent criminal record that can affect employment, housing, and firearm rights.
  • A protective order that limits freedom of movement and communication.
  • Mandatory counseling or treatment programs, especially in domestic violence-related cases.

Defenses to Stalking Charges

Stalking laws are broad, and false allegations or misunderstandings too often lead to unjust charges. An experienced Phoenix stalking lawyer can challenge the prosecution’s case by raising defenses such as:

  • Lack of intent: The prosecution must prove that you acted knowingly or intentionally to cause fear or distress. If your behavior was accidental or misinterpreted, it may not meet the legal definition of stalking.
  • Insufficient evidence: A stalking conviction requires proof of a pattern of behavior. If the evidence is weak, contradictory, or based on assumptions rather than facts, the charges may not hold up in court.
  • No reasonable fear: If the alleged victim’s fear was not reasonable or substantiated, the case may not meet the standard for stalking.
  • False accusations: In cases involving divorce, custody battles, or workplace disputes, false accusations of stalking are sometimes made out of revenge or personal gain. A experienced defense attorney can expose inconsistencies in the accuser’s claims.

How Our Phoenix Stalking Defense Lawyer Can Help with Your Case

If you are facing stalking charges, you need a strong legal defense to protect your freedom and reputation. A conviction can alter your life permanently, affecting everything from employment opportunities to personal relationships. At the Law Office of James E. Novak, we have extensive experience handling stalking and domestic violence-related charges, and we are committed to fighting for the best possible outcome in your case.

Contact the Law Office of James E. Novak Us for an Aggressive Defense

If you or a loved one has been charged with stalking under A.R.S. § 13-2923, don’t wait to seek help. The sooner you secure the assistance of an attorney, the better your chances of building a strong defense. 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. Let us fight to protect your rights and your future.

Client Reviews

 I was facing criminal charges with three priors in my history. Mr Novak was very helpful and got me a lighter sentence than I probably deserved. He is a great attorney and I would highly recommend him.

- A.T.

James worked tirelessly behind the scenes with the prosecution, to decrease my son’s charges to a more reasonable penalty. I could not have asked for a better, more professional attorney. He treated my son with the utmost respect and walked him through every step of a very difficult situation.

- S. G.

Attorney Novak did an outstanding job defending my son. Due to his extensive professional background within the court system, he was successfully able to defend my son during a very difficult time for my family. I highly recommend Attorney James Novak for your legal needs.

- T. G.

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