Domestic Violence and Stalking Defenses

Stalking is not just a one-time occurrence but rather a pattern of continuous, unwelcome behaviors that can feel invasive and threatening. According to the National Coalition Against Domestic Violence (NCADV), one in six women and one in nineteen men have reported experiences of stalking. While this behavior is already disconcerting, it becomes even more terrifying when it occurs within violent relationships or involves a current or former intimate partner.

Understanding Domestic Violence in Pennsylvania

Pennsylvania law does not distinctly separate domestic violence, stalking, and assault as independent crimes. However, the approach to handling these cases shifts when the involved parties are considered to have a “domestic relationship.”

Under Pennsylvania law, a “domestic relationship” includes:

• Living together as partners or being current/former partners with a shared child.
• Having a current or past sexual relationship with the alleged offender.
• Being related as a parent and child or having another close familial relationship with the individual.

According to Section 6102, Title 23 of the Pennsylvania Domestic Relations Act, domestic violence is defined broadly, covering a variety of criminal activities such as:

• Physical injuries caused recklessly.
• Sexual assault or rape.
• Threatening bodily harm.
• Indecent assault or sexual abuse of minors.
• False imprisonment.
• Causing emotional or psychological harm, such as instilling fear through persistent stalking behavior.

If you’ve been confronted with the above-stated charges, it’s best to have a New Castle criminal lawyer by your side to craft a robust defense strategy.

How to Recognize Stalking Behavior

Under Pennsylvania law, stalking constitutes actions or communication intended to instill reasonable fear of bodily harm or cause significant emotional distress. Section 2709.1, Title 18 of the Pennsylvania Crimes Code, further clarifies that stalking involves repeated behavior that forms part of a continuous course of conduct. That’s why consulting an experienced New Castle DUI attorney is a necessary step in safeguarding your rights

Stalking is initially classified as a first-degree misdemeanor, but it can escalate to a third-degree felony under circumstances such as:

• A repeated pattern of stalking behavior.
• Previous violent acts committed against the same family member.
• The existence of a Protection From Abuse (PFA) order against the alleged offender.

It’s crucial to note that filing false stalking allegations is considered a serious crime under Pennsylvania laws, categorized as either filing false incriminations or creating fictitious reports.

Common Stalking Behaviors and Legal Penalties

Stalking can manifest in various forms of behavior, often including:

• Violating a protective order.
• Persistent harassment, including incessant communication.
• Trespassing or showing up uninvited at the victim’s home or workplace.
• Making inappropriate or obscene phone calls.
• Tracking or disabling the victim’s vehicle.
• Tampering with home security systems.
• Intense and unauthorized monitoring of the victim’s activities.

At Logue Law Group, our experienced New Castle criminal lawyer team is dedicated to helping individuals facing such legal challenges.

Legal Penalties for Stalking

Stalking can lead to severe legal consequences. For a first-degree misdemeanor, penalties include:

• Fines up to $10,000.
• Imprisonment of up to five years.

If elevated to a third-degree felony, individuals could face:

• Fines up to $15,000.
• Imprisonment of up to seven years.

Additional aggravating factors, such as violating a PFA order, stalking minors or elderly victims, or being charged in connection with domestic violence, can significantly worsen penalties. These offenses may also warrant arrests without a warrant under Pennsylvania law.

Defenses Against Stalking Charges

Defending against stalking charges requires a tailored legal strategy. Common defense arguments might include:

• Lack of evidence by the prosecution to prove the alleged offense.
• Instances where the victim incorrectly identifies the perpetrator.
• Circumstances in which the victim deliberately submits false accusations.

If you’re facing stalking charges, consulting with an experienced New Castle DUI attorney is critical in building a strong defense.

Our Recommendations for Those Facing Stalking Allegations

If you’re facing allegations related to stalking, it’s vital to proceed with caution. Here’s what you should not do:

• Avoid any direct contact with the alleged victim, even if you believe you are innocent. Any action could complicate your legal case further.

Instead, seek professional legal assistance immediately. Sean Logue’s trusted team at Logue Law Group are here to represent you with the skill and expertise of our New Castle DUI attorney. Don’t face legal challenges alone!

To get the help you need, call us today at844.PITT.DUI. Our New Castle criminal lawyer team are committed to protecting your rights and helping you secure the best possible outcome.

By seeking out the right legal support and being informed about your rights under Pennsylvania law, you can ensure your case receives the thorough and professional attention it deserves. We’re here to make sure your side of the story is heard loud and clear.