If you face aggravated stalking charges, you are looking at a possible felony conviction and many collateral consequences, such as loss of job, family, and reputation. That is why if you face aggravated stalking charges, you need an attorney who can provide the best possible defense to these charges. Nashville-based attorney Philip Clark handles stalking and aggravated stalking cases for those facing charges in Nashville and in other parts of Middle Tennessee.
What is Aggravated Stalking?
Aggravated stalking is a crime of stalking with additional factors involved. Stalking involves a course of conduct that includes continued harassment of another person. Specifically, the law defines stalking as “a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”[1]
But, there is an elevated charge of stalking known as “aggravated stalking.” Tennessee law defines aggravated stalking as:
A person commits aggravated stalking who commits the offense of stalking … and:
(A) In the course and furtherance of stalking, displays a deadly weapon;
(B) The victim of the offense was less than eighteen (18) years of age at any time during the person’s course of conduct, and the person is five (5) or more years older than the victim;
(C) Has previously been convicted of stalking within seven (7) years of the instant offense;
(D) Makes a credible threat to the victim, the victim’s child, sibling, spouse, parent or dependents with the intent to place any such person in reasonable fear of death or bodily injury; or
(E) At the time of the offense, was prohibited from making contact with the victim under a restraining order or injunction for protection, an order of protection, or any other court-imposed prohibition of conduct toward the victim or the victim’s property, and the person knowingly violates the injunction, order or court-imposed prohibition.[2]
Examining Types of Aggravated Stalking
Stalking with a “Deadly Weapon”
In other words, a defendant faces aggravated stalking charges if they commit stalking and possess a firearm at the time, because a firearm is considered a “deadly weapon.” A defendant also faces aggravated stalking charges if the victim is less than 18 years of age and the person is five or more years older. In other words, a 22-year-old can face aggravated staling charges if he or she stalks someone is 16 years of age.
Previous Stalking Conviction(s)
A defendant also can face aggravated stalking charges if they previously have been convicted of stalking within the previous seven years. The idea behind this is to punish so-called recidivist offenders — meaning those who keep committing the same crime.
“Credible Threat”
Still, another way for a defendant to be convicted of aggravated stalking is if they make a “credible threat” to the victim, the victim’s child, or others with the intent to place such person in reasonable fear of death or bodily injury. This is a difficult area of the law. For example, a defendant may not have uttered a threat but instead was joking or simply venting. There may have been no intent on the part of the defendant to utter a threat. For example, attorney Philip Clark may be able to convince either prosecutors or a jury that you did not utter a “credible threat” to the victim. He may be able to convince others that the conduct in question was innocent in nature rather than a form of unlawful stalking.
Previous Order of Protection
Finally, a defendant can face aggravated stalking charges if the defendant stalks someone and the defendant already is under an order of protection to stay away from that person.
Penalties for Aggravated Stalking
Stalking generally is a Class A misdemeanor. On the other hand, aggravated stalking is much more serious, as it is a Class E felony.[3] This is why you need a good criminal defense attorney if you face such charges.
Hire Attorney to Defend Against Aggravated Stalking Charges
If you face aggravated stalking charges, you desperately need an effective criminal defense attorney to defend you. Nashville-based attorney Philip Clark fits the bill. He not only is a well-respected attorney but he also served nearly 20 years as a police officer in Metro Nashville. He knows how to advocate on your behalf. He is a zealous advocate on behalf of his clients. If you face aggravatedstalking charges, contact attorney Philip Clark at (615) 678-1033 or e-mail him at philip@tncriminaldefenseattorney.com.
[1] Tenn. Code Ann. §39-17-315(a)(4)
[2] Tenn. Code Ann. §39-17-315(c).
[3] Tenn. Code Ann. §39-17-315(c)(2).