Are You Facing Stalking Charges in Illinois?

 Posted on March 29, 2023 in Domestic Violence

Being followed home or receiving threatening messages on social media are both considered forms of stalking. Nearly 14 million people are stalked every year in the United States. That includes nearly one in three women and one in six men. In most cases, these individuals are being stalked by someone they know. In the state of Illinois, stalking can be considered a crime of domestic violence. If you are being charged with this crime you need aggressive legal representation right away.

Understanding How Stalking Is Defined in Illinois

Stalking in Illinois is a felony, even for first-time offenders. It is considered a crime of domestic violence when it is committed against a person who is a family or household member. The Illinois Domestic Violence Act of 1986 defines stalking as engaging in conduct directed at a person that would cause a reasonable person to fear for their safety or the safety of their family. Actions that would qualify as stalking include the following:

• Harassing
• Monitoring
• Threatening
• Communicating with the person being stalked either directly or indirectly

Evidence of Stalking

To prove that there is stalking, the prosecution must show that the accused engaged in conduct that caused a reasonable person to fear for their safety. The prosecution must also demonstrate that the stalker knew or should have known that their actions would cause the other person to fear for their safety. If you are charged with stalking, the first thing you should do is gather evidence to support your defense, including:

• Witness statements
• Surveillance footage
• Text messages or other communication materials

Legal Consequences of Stalking

Stalking charges will have severe consequences on your personal life and impact your family. There are also fines, potential jail time, and a permanent criminal record that is likely to stain your reputation. The punishment for stalking as domestic violence in Illinois can include the following:

• It is a Class 4 felony if there are no prior convictions for a similar offense. It is punishable by one to three years behind bars and fines of up to $25,000.
• It is a Class 3 felony when there is a prior conviction for the same offense or if it is committed in violation of a restraining order or an order of protection. It would carry a prison sentence of two to five years and fines of up to $25,000.
• It is considered aggravated stalking if there are aggravating factors, such as the use of a deadly weapon. The punishments are the same as those for a Class 3 felony.

Contact an Aurora, IL, domestic violence Lawyer

If you are being charged with stalking, you need an experienced Kane County domestic violence lawyer. At The Law Office of Brian J. Mirandola, we can help you understand the charges against you, develop a defense strategy, and represent you in court. Call 847-488-0889 for a free consultation if you believe that accusations are unfounded.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3123&ChapterID=57 

https://www.stalkingawareness.org/wp-content/uploads/2019/01/SPARC_StalkngFactSheet_2018_FINAL.pdf