If you have been accused of repeatedly following someone or contacting them to the extent that the victim feels frightened, intimidated, or emotionally distressed, you will be charged with stalking. In Missouri, a first-time stalking offense is typically a Class A misdemeanor, although subsequent offenses or aggravating circumstances can enhance the charge to a felony. Besides being stripped of your freedom, a stalking charge can ruin future opportunities and your reputation.

Defending stalking charges can safeguard your rights and help you to reduce your time behind bars. If you are currently facing stalking allegations, our Columbia stalking lawyer is ready to speak with you.

Examples of Stalking

Stalking can involve a wide range of behavior, including:

● Following someone

● Driving past someone’s home, school, workplace, or showing up unannounced

● Sending e-mails, texts, and mail to the victim

● Tracking someone with a navigational system, such as a GPS

● Threatening someone, their family members, their friends, or their pets

● Tracking someone’s online activity or phone calls

● Writing messages on a victim’s car or other personal property (in addition to a stalking charge, you may be charged with vandalism)

What Happens When Someone Reports Stalking?

When someone reports stalking, the police will respond immediately if the victim is in imminent danger of physical harm, if there is a history of violence between the parties, or if the offender is breaking a restraining order. If the allegations hold credibility, an emergency restraining order may be issued by the court.

Known as an ex parte order of protection (temporary restraining order), this will remain in effect for 15 days or for as long as the court determines it to be necessary. If there is evidence that you have been engaging in stalking behaviors, law enforcement does not need a warrant to arrest you in Missouri since the behavior itself establishes probable cause.

Stalking Charges and Penalties in Missouri

To be charged with stalking, the perpetrator’s behavior must be deliberate, repetitive, and done with the intention of disturbing the victim. The conduct must cause a reasonable person to fear for their safety. Under Missouri law, stalking may be charged as either a first or second-degree offense. Generally speaking, the severity of the offense will determine your sentence.

Stalking in the First Degree

According to RsMO  §565.225, stalking in the first degree involves:

● Making a threat with the intention of causing a reasonable person to feel disturbed (frightened, intimidated, or emotionally distressed). The threat should intend to make the person fear for their own safety, their family or household members’ safety, or the safety of pets or livestock; or

● At least one of the acts violates a standing order of protection; or

● At least one of the acts is in violation of the perpetrator’s probation, parole, pretrial release, or release on bond pending appeal; or

● The victim is 17 years of age or younger, and the offender is at least 21 years old; or

● The offender has previously been found guilty of domestic assault, violating an order of protection, or another crime in which the other person was the victim; or

● The victim is participating in the address confidential program, Safe at Home, and the offender accesses or attempts to find out the victim’s address.

Stalking in the first degree is a Class E felony, punishable by up to four years in prison and a $10,000 fine. If the offender has a prior conviction in the past five years, violates a protection order, or intentionally targets a police officer, the charge may be upgraded to a Class D felony. If found guilty, you may be imprisoned for 7 years and potentially fined $10,000.

Stalking in the Second Degree

An individual commits stalking in the second degree if he or she purposely disturbs another person or intends to disturb that person. Second-degree stalking is charged as a Class A misdemeanor, punishable by up to one year in prison and a $2,000 fine. If aggravating circumstances exist, you may be charged with a Class E felony.

While ending up on the wrong side of the law can be intimidating, our Columbia stalking lawyer has the knowledge and resources to build a strong defense. Simply being charged with stalking does not automatically make you guilty. The State must present compelling evidence to highlight how your behavior qualifies as stalking. At Landon Miller Law, our lead defense attorney has your back even in the most trying of times.

Reach Out to Our Columbia Stalking Lawyer

Being slapped with a stalking charge can threaten your freedom, future, and relationships with family and friends. At Landon Miller Law, our founding attorney’s experience on both sides of the courtroom will place you at a clear advantage. Attorney Landon Miller has dealt with the most complex matters, having firsthand knowledge of what challenges defendants face in the legal process. To schedule your free consultation with our Columbia stalking attorney, contact us online or by calling (573) 658-1919 today.