Treadaway & Treadaway
While stalking is a misdemeanor in the State of Georgia, aggravated stalking and a second offense of stalking are felonies. Stalking includes unwanted contact online or offline, including giving unwanted gifts, following someone or placing someone under surveillance. Online stalking can mean communication by any electronic device including, but not limited to, computers, networks and cell phones. You may also be accused of stalking if you make unwanted contact via landline or regular mail.
Felony Digital Stalking
The first time you are convicted of stalking, it is a misdemeanor. However, if you are accused of stalking a second time, you could be charged with a felony. Because there are people who stalk their victims online, law enforcement takes such allegations seriously. Even bullying may be considered stalking if the contact is unwanted. If you are accused of stalking, it is imperative that you contact a criminal defense attorney immediately.
Through the use of social media, it is easy for someone to make accusations, though it may be more difficult to prove, especially if the person accusing you is making accusations just because you don't agree with that person. If someone indicates that they no longer wish to contact you, it is best to sever all communication with that person. At the same time, in the event that the person does try to file charges, you should keep a record of the conversation where he or she is accusing you of bullying or stalking.
Charges for Felony Stalking
For a second offense, or for aggravated stalking, the penalties may include a minimum of one year and up to ten years in prison and up a $10,000 fine. Aggravated stalking includes contacting a person when you have a bond condition, temporary or permanent restraining order, good behavior bond, permanent protective order, condition of pretrial release, permanent injunction or preliminary injunction against you which prevents contact with a specific individual.
Contact a Georgia Criminal Defense Attorney
If you have been accused of bullying or stalking, even if you have not yet been arrested or formally charged with such a crime, contact our criminal defense attorneys at Treadaway & Treadaway to discuss your situation.