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Stalking

Stalking Charges and Defenses in Arizona

Stalking allegations often surface through Orders of Protection issued under A.R.S. 13-3602. If you’re facing a stalking accusation, it’s crucial to hire an experienced Arizona criminal defense attorney to contest the order. This may be the only opportunity to question or confront the alleged victim before trial, as they have the right to deny a defense interview. In many cases, this confrontation provides valuable information that could lead to a dismissal, a “not guilty” verdict, or a favorable plea in a related criminal case.

What Is Stalking Under Arizona Law?

A.R.S. 13-2923 defines stalking as engaging in a course of conduct directed toward another person, which causes the victim to either suffer emotional distress or reasonably fear for their safety or the safety of their property, family, or others. A person can be charged with stalking if their actions cause the victim to reasonably fear that:

  • Their property will be damaged.
  • They or someone they care about (family member, domestic animal, romantic partner, or household member) will be physically harmed.
  • They or someone close to them could be killed.

There are different degrees of stalking under Arizona law:

  • Class 5 felony: Stalking that causes emotional distress or fear of property damage or harm.
  • Class 3 felony: Stalking that causes a reasonable fear of death for the victim or others.

What Constitutes a “Course of Conduct”?

A “course of conduct” refers to actions taken directly or indirectly through others that involve maintaining proximity to or communicating with the victim in a threatening manner on two or more occasions. This can include:

  • Keeping physical or visual surveillance on a person.
  • Using electronic devices like GPS to track someone without their consent.
  • Sending unwanted electronic communications, such as emails or messages, without a legitimate purpose.

However, it’s important to note that constitutionally protected activities or actions authorized by law or the other person do not qualify as a “course of conduct.”

Defending Against Stalking Allegations

There are various reasons why someone might falsely accuse you of stalking. They may seek to gain control over your property, finances, or personal life. Additionally, stalking cases often involve significant Fourth Amendment (illegal search and seizure) and Fifth Amendment (self-incrimination) violations. You need an aggressive Arizona stalking defense attorney who understands these complexities to protect your rights.

Stalking Defense Lawyer Serving Phoenix and Arizona

At the Litwak Law Group, we understand how serious stalking charges can be. Our experienced team regularly defends clients against these allegations, ensuring that their rights are protected at every stage of the process. If you are facing stalking charges, contact us immediately to schedule a free consultation.

Contact Us

We offer a free 60-minute consultation to discuss your case. If you’ve been accused of stalking, don’t wait—reach out to us today.