Stalking is a serious crime in Georgia, so understanding your legal options and the potential penalties is important. Work with an experienced Cobb County criminal lawyer for skilled legal advice during your case.
Is Stalking a Crime in GA?
Yes, stalking is a crime in Georgia. Section 16-5-90 of the Official Code of Georgia Annotated makes it illegal for an individual to participate in behavior that is designed to harass or intimidate another person. Stalking is defined under Georgia law as the following.
- When a person follows, places under surveillance, or contacts another person at or about a place or places without their consent for the purpose of harassing and intimidating the other person, or
- When a person violates a restraining order, protective order, injunction, bond to keep the peace, condition of probation, or condition of parole, and broadcasts or publishes the picture, name, address, or phone number of another person without their consent in a manner that causes other people to harass or intimidate the individual and the person who made the broadcast knew or had reason to believe that such publication would cause the person to be harassed or intimidated by others
It is important to note that the law does not require there to be an overt threat of bodily injury or death for an action to be considered stalking.
Aggravated stalking is outlined in Section 16-5-91, which is defined as follows.
- When a person violates a restraining order, protective order, injunction, bond to keep the peace, condition of probation, or condition of parole, and follows, places under surveillance, or contacts another person at or about a place or places without their consent for the purpose of harassing and intimidating the other person
If you have been arrested for suspected stalking, understanding the differences between these two offenses is important in protecting your rights.
What Are the Penalties for Stalking in Georgia?
Stalking at its lowest form is a misdemeanor offense. However, a second or subsequent offense will be charged as a felony, and aggravated stalking is always a felony. Because of the varying degrees of offenses, the penalties associated with a conviction will vary depending on the details of the situation. Consider the following.
The penalties for a first offense stalking charge are as follows.
- Misdemeanor offense
- Term of imprisonment of up to 12 months
- Fines of up to $1,000
The penalties for a second offense or aggravated stalking are as follows.
- Felony offense
- Term of imprisonment of 1 to 10 years
- Fines of up to $10,000
It is important to note that any stalking conviction can be accompanied by additional consequences such as probation, community service, restraining orders, additional fines, and other repercussions. Understanding the possible outcomes of your case is crucial when facing criminal charges in Georgia.
Contact Williamson Legal to discuss your situation with a knowledgeable attorney and secure legal representation today.
