Stalking – Arizona Criminal Defense Attorney
Often these types of allegation arise in Orders of protection pursuant to A.R.S. 13-3602. We highly recommend you hire a criminal defense lawyer to contest the order of protection as it may be the only time you get to question and confront an alleged victim short of trial as they have the right to deny a defense interview. If often sets you up with some very telling information that could help you obtain a dismissal, not guilty, or favorable plea in an accompanying criminal case.
A.R.S. 13-2923 states that a person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct causes the victim to:
- Suffer emotional distress or reasonably fear that either: (a) The victim’s property will be damaged or destroyed. (b) Any of the following will be physically injured: (i) The victim. (ii) The victim’s family member, domestic animal or livestock. (iii) A person with whom the victim has or has previously had a romantic or sexual relationship. (iv) A person who regularly resides in the victim’s household or has resided in the victim’s household within the six months before the last conduct occurred.
- Reasonably fear death or the death of any of the following: (a) The victim’s family member, domestic animal or livestock. (b) A person with whom the victim has or has previously had a romantic or sexual relationship. (c) A person who regularly resides in the victim’s household or has resided in the victim’s household within the six months before the last conduct occurred.
Stalking under subsection A, paragraph 1 of this section is a class 5 felony. Stalking under subsection A, paragraph 2 of this section is a class 3 felony.
“Course of conduct”: Means directly or indirectly, in person or through one or more third persons or by any other means, to do any of the following: (i) Maintain visual or physical proximity to a specific person or direct verbal, written or other threats, whether express or implied, to a specific person on two or more occasions over a period of time, however short. (ii) Use any electronic, digital or global positioning system device to surveil a specific person or a specific person’s internet or wireless activity continuously for twelve hours or more or on two or more occasions over a period of time, however short, without authorization. (iii) Communicate, or cause to be communicated, on more than one occasion words, images or language by or through the use of electronic mail or an electronic communication that is directed at a specific person without authorization and without a legitimate purpose.
Course of conduct Does not include constitutionally protected activity or other activity authorized by law, the other person, the other person’s authorized representative or if the other person is a minor, the minor’s parent or guardian.
“Emotional distress” means significant mental suffering or distress that may, but does not have to, require medical or other professional treatment or counseling.
There could be a number of motives for someone to allege that you have stalked them. Maybe they want you arrested so they can obtain access to your home, your car, or your money. There are a number of 4th amendment and 5th amendment violations that often occur in these types of cases, as well as significant factual issues. You need an experienced and aggressive Arizona criminal defense attorney to fight for you.
Stalking Defense Lawyer Serving Phoenix And Throughout Arizona
If you are facing stalking charges, contact the Litwak Law Group now to schedule a free consultation.