What Are Stalking Charges in Missouri?

Aug 4, 2022 | Criminal Defense

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Stalking charges in Missouri arise when someone engages in repeated, unwanted behavior that causes another person to feel threatened or harassed. This includes following someone, making frequent unwanted contact, or appearing at their home or workplace uninvited.

Stalking is a serious criminal offense that can result in misdemeanor or felony charges depending on the circumstances and the defendant’s prior criminal history.

At Wampler & Passanise Criminal Defense Lawyers, understanding stalking charges is crucial if you’re facing accusations, as the consequences can significantly impact your future. Missouri law defines specific behaviors as stalking and establishes penalties based on the severity of the offense, as well as the presence of aggravating factors.

How Missouri Law Defines Stalking

Missouri criminal law considers stalking as a pattern of conduct that includes:

  • Repeatedly following or surveilling someone without their consent
  • Making frequent unwanted contact through phone calls, text messages, emails, or social media
  • Appearing uninvited at someone’s home, workplace, or other locations they frequent
  • Engaging in behavior that causes the target to feel threatened, annoyed, or fearful for their safety

The behavior must be purposeful and repeated to meet the legal definition of stalking. A single incident typically does not constitute stalking charges, though it may lead to other criminal charges depending on the circumstances.

Criminal Penalties for Stalking in Missouri

Missouri imposes different penalties for stalking charges based on whether the offense is a first conviction and whether aggravating factors exist:

First Offense: A Class A misdemeanor punishable by up to one year in jail and fines up to $2,000

Aggravated Stalking: An elevated charge that applies when the defendant:

  • Was under a restraining order or protective order at the time of the alleged conduct
  • Stalked a minor under 17 years old
  • Displayed or threatened to use a deadly weapon during the stalking behavior
  • Made a credible threat to harm the victim
  • Has a previous stalking conviction on their record

Subsequent Offenses: A second or subsequent conviction for stalking within seven years becomes a felony charge, carrying more severe penalties, including state prison time.

Stalking Charges and Protective Orders

Stalking charges often occur alongside protective order violations or domestic violence cases. If someone obtains a restraining order against you and you contact or approach them afterward, prosecutors may file both protective order violation charges and aggravated stalking charges. Law enforcement treats violations of protective orders seriously and may arrest the accused immediately.

When Should You Contact a Criminal Defense Attorney?

If you’re facing stalking charges in Missouri, it is essential to contact an experienced criminal lawyer to protect your rights and build a strong defense. Stalking accusations can arise from misunderstandings, false allegations, or situations where your intent was misconstrued. An attorney can:

  • Review the evidence against you and identify weaknesses in the prosecution’s case
  • Challenge whether your behavior meets the legal definition of stalking
  • Present evidence of your intent and the context surrounding the alleged conduct
  • Negotiate with prosecutors for reduced charges or alternative resolutions
  • Represent you at trial if necessary

The consequences of a stalking conviction extend beyond jail time and fines. A criminal record can impact your employment opportunities, housing prospects, and personal relationships.

Get Legal Help with Stalking Charges

Stalking charges require a serious legal response. Missouri law enforcement agencies thoroughly investigate allegations of stalking, and prosecutors pursue these cases aggressively. If someone has accused you of stalking, you need skilled legal representation to navigate the criminal justice system and protect your future.

Contact us for a confidential consultation about your stalking charges. We understand the stakes and will work to achieve the best possible outcome in your case.