Allegations of stalking and harassment in Tennessee can result in lasting damage to your reputation and a felony criminal record. Many people charged with aggravated stalking or domestic violence feel that the allegations against them are inaccurate or untrue. Nashville domestic violence attorney Bernie McEvoy is sensitive to the fact that every relationship is unique. If you have been charged with an aggravated stalking offense in Davidson or Williamson County, he can listen to your side of the story and mount an appropriate defense to the charges.Tennessee Aggravated Stalking Offenses
Stalking is defined in Tennessee as a deliberate course of behavior that involves harassment of another person on a repeat basis. To constitute a stalking crime, the defendant’s conduct must both reasonably and actually cause the victim to feel terrorized, frightened, intimidated, harassed, or threatened. Stalking includes various kinds of direct or indirect contact made despite the victim’s lack of consent or their expressed desire that the contact be stopped, and which would reasonably cause emotional distress.
In Tennessee, aggravated stalking may be charged when a stalking offense is committed with certain additional factors described below. Aggravated stalking is a Class E felony offense, punishable by a prison sentence between one and six years and/or a $3,000 fine. Especially aggravated stalking is a Class C felony, punishable by imprisonment from three to fifteen years, and a possible fine of up to $10,000. Stalking cases may involve additional consequences, such as a mental health evaluation, counseling, and/or an order of protection. An experienced domestic violence lawyer can help you contest the charges and penalties you may be facing.Aggravated Stalking with a Deadly Weapon
If an individual displays a deadly weapon in the course and furtherance of stalking another person, they may be charged with aggravated stalking. A deadly weapon may be a gun, or anything else that is designed or that may be used to cause death or serious bodily injury.Aggravated Stalking of a Minor
If the victim was under eighteen years old at any time during the alleged stalking, and the defendant is at least five years older than the victim, the defendant may be charged with aggravated stalking. If the stalking victim was under twelve years old at any point and the defendant is at least eighteen, the defendant may face a charge for especially aggravated stalking.Aggravated Stalking for Subsequent Offenses
In some cases, having a prior stalking conviction may impact the severity of the charges. A stalking charge may be elevated to aggravated stalking if the defendant was convicted of a prior stalking offense within the last seven years. If the defendant’s prior stalking conviction involved the same victim as a current offense, the defendant may be charged with especially aggravated stalking no matter when the prior conviction occurred.Aggravated Stalking with Credible Threat
Aggravated stalking may be charged when a person commits the offense of stalking and has made a credible threat to the victim, or one of the victim’s family members, with the intent to place them in fear of death or bodily injury. Especially aggravated stalking occurs when a person commits aggravated stalking, and intentionally or recklessly causes serious bodily injury to the victim or one of their family members.Aggravated Stalking While Subject to Restraining Order
If the defendant was prohibited from making contact with the victim pursuant to a restraining order, an order of protection, or any other court-order that was in force at the time of the offense, a stalking offense may be elevated to an aggravated stalking charge.Retain a Nashville Attorney to Defend Against Aggravated Stalking Charges
If you have been charged with aggravated stalking or another domestic violence crime, you can oppose the prosecution with assistance from a Nashville defense lawyer. Bernie McEvoy can provide legal guidance regarding stalking charges, restraining order violations, sex crime allegations, and other felony and misdemeanor criminal matters. He defends individuals located throughout Williamson and Davidson Counties, often in Nashville and Franklin. Arrange a free consultation by calling the Law Office of Bernie McEvoy at (615) 255-9595 or (615) 804-8779 on evenings and weekends, or contact us online.