Defense Against Georgia Stalking and Harassment Charges

Stalking and harassment are crimes that violate the victim’s sense of security and their right to privacy. Every year in the United States, more than 7.5 million people fall victim to stalking or harassment. While allegations of stalking often arise when someone is trying to leave an abusive relationship, claims of stalking or harassment can happen to anyone.

Stalking and harassment are serious crimes that can lead to misdemeanor or felony charges. But not everyone accused of stalking or harassment is guilty. If you were charged with stalking or harassment in Georgia, an experienced stalking lawyer at The Law Offices of Megan Ballard Mitchell can evaluate your situation and mount a vigorous defense to protect your rights and defend you against stalking and harassment charges.

Georgia Law on Stalking and Harassment

Under Georgia law, the crime of stalking occurs when a person “follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.” “Contact” includes any communication, including in person or through the use of a telephone, computer, or any electronic device.

Harassing and intimidating” means “a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose.”

A person can also be charged with stalking or harassment if they violate a court order intended to prevent harassment or intimidation of another person.

A person commits the crime of aggravated stalking when they commit the offense of stalking and:

  • Display a deadly weapon
  • The victim was less than 18 and the defendant is more than five years older than the victim
  • The defendant was previously convicted of stalking within seven years of the offense
  • They make a credible threat of harm to the victim or the victim’s immediate family with the intent to place the victim in reasonable fear of death or bodily injury
  • At the time of the offense, the defendant was prohibited from making contact with the victim and the defendant knowingly violated the court order

Penalties for a Georgia Stalking Conviction

Stalking in Georgia is a misdemeanor. Aggravated stalking is a felony, punishable by a $10,000 fine and up to ten years in prison.

Defenses to Stalking and Harassment Charges in Georgia

To prove someone guilty of stalking, the prosecutor must show, beyond a reasonable doubt, that the defendant engaged in a pattern of harassing and intimidating conduct.

Common defenses to Georgia stalking charges include:

  • Consent - the alleged victim agreed to be photographed
  • Lack of intent - stalking requires knowingly and willful conduct
  • Mistaken identity - the victim identified the wrong person as their stalker
  • A reasonable person would not have been distressed by the defendant’s conduct
  • A one-time offense - stalking requires proof of a pattern of harassing or intimidating behavior

Contact a Harassment and Stalking Lawyer in Georgia

Emotions often run high in Georgia stalking and harassment cases, and it is important to have an experienced stalking lawyer on your side who understands Georgia stalking and harassment law and can defend you in court. The Law Offices of Megan Ballard Mitchell provides aggressive defense against stalking and harassment charges in Georgia. Stalking lawyer Megan Ballard Mitchell will carefully evaluate your situation, explain your options, and prepare a vigorous case to defend you in court.

Contact a Atlanta Defense Lawyer M. Ballard Mitchell

To learn more, contact The Law Offices of Megan Ballard Mitchell to schedule a confidential appointment to discuss your situation.

Call Today