Criminal Law Questions? Ask a Criminal Lawyer.
Good morning and thank you for the opportunity to assist you. What state are you in?
Ok, I'm a criminal defense attorney licensed in VA. So, you're charged under 18.2-57.2?
i see 182-60.3
Gotcha. That's the stalking code section. When I read the facts of your question, I interpreted it to mean assault (i.e. a threat to commit a battery). Those are pretty different in terms of proof. Why does she say you're stalking her?
she has both stalking and assault charges and a protective order which came with the stalking charge. we separated 2 mon ago, we have a 2 yr old special needs child and and a 6 yr old boy. she plays softball for the church and i have been to several of her games with the kids which usually end in an argument. I also rode passed her moms house where she was staying at midnight on the 17th of july, noticed a truck i was unfamiliar with and parked down the street and walked to the house to get a better look at the truck. I was caught by her stepdad and told him i was there cause i missed my wife and kids and wanted to talk. She refrained from speaking to me or letting me speak to my kids for the next 2 days. On the 19th she had a ballgame and said via facebook chat that i could come and visit with my son which led to the argument she claims i threatened her life and raised my fist with intent to hit her which are both false but she has friends on the team and says she has a witness. That argument arouse because she told me who the truck belonged to, along time friend of mine who she, while we were married for 8 yrs, together for 13 didn't even like as a person. It made me very mad but i did not threaten her life nor ball my fist with intent to strike. Also another piece of info is that this so called fried called her a week after we separated and told her if she needed anything to give him a call. I told him never to call my wife again.
Thanks for the info. Let's take the charges one at a time.
As for the stalking charge, that's a class 1 misdemeanor, maximum punishment 12 months in jail and/or a $2500 fine. It requires that the "stalker" on more than one occasion follows or engages in conduct that is reasonably intended to make the other person feel fear death, criminal sexual assault or bodily injury. If you've only been over to her house once, when you saw the truck in the driveway and got by her step dad, that doesn't qualify for stalking, unless that's the second or later time when she claims you've hung around and scared her.
As for the ball game on the 19th, she invited you via Facebook, right? So that could not be stalking. I assume you saved her Facebook post?!?!
Would you rather me switch to Q&A format so that I can give you a full answer and you can respond later?
No problem! Thanks. Talk to you again soon.
do you think a court appointed lawyer would suffice in theses cases, i have a witness for the event on the 19th who will testify that she followed behind me to the parking lot antagonizing me. the only reason i ask is because i would rather spend my money on the custody situation
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