Criminal Defense Attorney
Former Prosecutor (480) 413-1499
"Balance the scales of justice with a
former prosecutor on your side"
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.
Under A.R.S. § 13-2923, stalking occurs when someone knowingly or intentionally engages in actions directed at a specific person, that either:
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 behavior that may lead to stalking charges include:
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.
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:
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.
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:
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:
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:
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.
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.