Boston Felony Stalking Defense Attorneys serving Massachusetts and the Greater Boston area including South Boston, Brockton, Cambridge, Somerville, Quincy, New Bedford, Taunton, Attleboro, Lowell, Woburn, Medford, Waltham, Wareham, Lynn, Lawrence, Wrentham, Dedham, Salem, Fall River, Brookline, Chelsea, Worcester, Framingham, Everett, Revere, Dorchester and Roxbury and all smaller cities and rural areas in Massachusetts.
In 1992 the Massachusetts legislature enacted Massachusetts General Laws Chapter 265, Section 43 which outlines the crime of stalking. The statute reads as follows:
Whoever “(1) wilfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress and (2) also makes a threat with the intent to place that person in imminent fear of death or serious bodily injury” will be guilty of stalking.
In order to get a conviction for criminal harassment the prosecution needs to prove the following beyond a reasonable doubt:
- The defendant knowingly engaged in a pattern of conduct or series of acts, involving at least three incidents, directed at a specific person over a period of time;
- The Defendant’s conduct would cause a reasonable person to suffer substantial emotional distress;
- The Defendant’s conduct did in fact cause that person to become seriously alarmed or annoyed;
- The Defendant’s conduct was willful and malicious; and
- The Defendant made a threat and did so with the intent of placing that person in imminent fear of death or bodily injury.
Criminal Penalties For A Conviction On Stalking Charges
A defendant convicted of stalking faces a sentence of up to five years in state prison, or a fine up to $1,000 or imprisonment in the house of corrections for up to 2 ½ years or both. A Defendant convicted of a second offense of stalking faces a mandatory minimum sentence in a state prison of at least 2 years and maximum of up to 10 years.
Call For Your Free Consultation With An Experienced And Aggressive Felony Crimes – Stalking Defense Lawyer
Gerald J. Noonan, Brockton, Massachusetts Criminal Defense Trial Lawyer
Throughout his prosecutorial career, Attorney Noonan argued and tried hundreds of criminal cases including:
- Attempted murder
- Armed robbery
- Drug crimes
- Driving under the influence; and
- Cases involving many other serious criminal offenses.
As a criminal defense attorney alone, Gerald J. Noonan has successfully handled more than 340 criminal trials.
Attorney Noonan knows the legal strategies and tactics both law enforcement and district attorneys use when trying to get criminal convictions. He has criminal trial experience on both sides of a criminal case, which is invaluable when you are looking for an attorney to represent you in matters as serious as facing charges of stalking.
For a free initial consultation, use our online contact form, or call us at (508) 588-0422.