Aggravated Stalking Questions
When someone is being stalked, it can be scary. Many of these cases qualify as aggravated stalking. Aggravated stalking laws and consequences in each state may vary. Lawyers on JustAnswer provide legal answers to frequently asked questions about aggravated stalking.
What is aggravated stalking?
Aggravated stalking is more than someone following a person around wherever they go. Instead, the behavior escalates to the point of threatening the victim or with bodily harm. Family, friends, or acquaintances may also be threatened. In addition, the stalker may shove the victim or try to enter their home to harm them or their family.
What is the punishment for aggravated stalking in Nevada?
The minimum punishment for aggravated stalking in the state of Nevada is usually probation. If a person pleads guilty to a first offense of stalking, it may be treated as a misdemeanor. If a person commits aggravated stalking, it is a Class B felony, punishable by two to fifteen years in state prison. The stalker may also be fined a maximum amount of $5,000.
For state specific laws on aggravated stalking, ask a Lawyer on JustAnswer for fast and affordable answers.
How does Michigan define and punish stalking?
The state of Michigan has one of the toughest stalking laws. Stalking is defined as an intentional behavior relating to harassment of another person that would cause a person to feel frightened, intimidated, threatened, harassed or molested. Stalking is a misdemeanor, and can incur a penalty of one year and/or $1,000 in fines, with up to five years of probation.
Aggravated stalking is a felony, with a penalty of five years and/or $10,000 in fines, with any number of years of probation that the court deems appropriate, typically five years or more.
Under Michigan law, aggravated stalking is stalking that takes place with one or more of these conditions:
- the stalking breaks a personal protection order,
- this is the stalker’s second offense
- the stalker makes a convincing threat to either kill or physically harm the victim or a member of their household or family.
Can someone on probation for aggravated stalking relocate to another state?
In most situations, if someone is on probation, the transfer from one state to another is not automatic. First, the state in which they have been convicted must grant the person permission to relocate. Next, they must get permission from the probation department in the state they want to move to. In order to relocate, the person can ask their probation officer for help, and indicate why they want to relocate.
The person relocating must contact the Office of Public Defender and the Probation Department in the state in which they were convicted and put on probation. They also need to contact the Office of Public Defender and the Probation Department in the state in which they want to relocate to, in order to get their probation transferred.
What can the victim do if the convicted offender hasn’t stopped contacting them?
If the victim feels their life is in danger because of this person, they need to file a restraining order. The victim can file a temporary ex parte order on their own before a hearing is set to request a permanent restraining order.
When someone has been a victim of aggravated stalking, they may not know where to turn or what their rights are. Lawyers on JustAnswer have years of experience in the legal field and are available twenty-four hours a day, seven days a week, to answer any questions.