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Aggravated Stalking
Aggravated stalking is a more serious form of stalking, which typically involves repeated, intentional, and harmful actions that cause fear or harm to another person. It may include behaviors like following someone, sending threatening messages, or showing up at their home or work repeatedly, with the intent to cause them fear, distress, or harm. The “aggravated” aspect often refers to additional factors that make the offense more severe, such as:
- Threatening behavior: The stalker may threaten harm to the victim, their loved ones, or their property.
- Use of a weapon: If a weapon is involved in the stalking, it can elevate the crime.
- Violation of a protection order: If a restraining order or no-contact order is in place and the stalker violates it, this can elevate the charge.
- Stalking in specific contexts: Aggravated stalking can include instances where the victim is in a protected class (e.g., a domestic partner, a public official, or someone in a vulnerable position).
- Age of Victim: The age of the victim can make the offense “aggravated” as well. For example if the victim is less than 18 years of age and the offender is more than five (5) years older, the offense becomes aggravated. Also if the victim is more than 65 years of age, the offense become aggravated.
Why hire an attorney?
If you are facing a charge of aggravated stalking, or if you are the victim of it, hiring an attorney is important for several reasons:
- Legal expertise: Stalking laws are complex, and an experienced attorney can help you understand the charges or your rights. They can provide guidance on the best course of action in your case.
- Protection and defense: If you are the defendant, an attorney will help protect your rights, build a defense strategy, and attempt to reduce or dismiss charges. If you are the victim, an attorney can help ensure that you are taking the proper legal steps to protect yourself.
- Court representation: An attorney can represent you in court, making sure that your side of the story is heard. They can advocate for the appropriate penalties or protections depending on whether you are the accused or the victim.
- Preventing severe consequences: Aggravated stalking is a felony in Tennessee, and thus can carry severe legal penalties, including lengthy prison sentences, fines, or the issuance of valid orders of protection (commonly, though incorrectly, called “restraining orders”). A skilled lawyer can work to mitigate these consequences by negotiating plea deals, presenting evidence, or appealing to the court.
Whether you are being accused of aggravated stalking or you are the victim seeking protection through a valid order of protection, an attorney like Nashville Criminal Attorney David Ridings can help navigate the legal system effectively and ensure that your rights are upheld throughout the process.