Stalking Defense Attorney in Michigan

Michigan’s Premier Stalking Defense Law Firm… Top-notch, cutting-edge, experienced, passionate, and compassionate representation. We are not afraid to win.

What is Considered Stalking?

Stalking charges can result from various circumstances – from an emotionally charged situation to a simple misunderstanding to false accusations. Michigan takes stalking very seriously. If you are charged with a stalking offense, you are understandably scared and worried about the future and what might happen. Before you do or say anything to anyone – Call the stalking defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. for a consultation regarding your situation. Our highly experienced criminal defense attorneys will answer all your questions.

The stalking statute is MCL 750.411h. Keep in mind that there are many ways to interpret the law and many ways to use it for your benefit. Having a highly experienced legal team working on your behalf is in your best interest. The offense of stalking is a misdemeanor offense that is punishable by not more than one year in jail and a fine of not more than $1000.00. If the stalking victim is less than 18 years old and the person charged with stalking is five (5) or more years older than the alleged victim, the charge becomes a felony punishable by not more than five (5) years in prison and a fine of not more than $10,000.00.

To convict someone of stalking, the prosecutor must prove each of the following beyond a reasonable doubt:

There was a willful course of conduct involving repeated or continuing harassment of another person.
That conduct would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
That the person actually did feel terrorized, frightened, intimidated, threatened, harassed, or molested.

What is Considered Aggravated Stalking?

Aggravated stalking is defined in MCL 750.411i. Aggravated stalking is a felony punishable by not more than five (5) years in prison and a fine of not more than $10,000.00. The penalties increase if the alleged victim is under 18 years old and the alleged stalker is five (5) or more years older than the victim. Again, there are many ways to interpret this law and its elements. You should leave it to the stalking defense experienced defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. to help you.

To convict someone of aggravated stalking, a prosecutor must prove that the offense of stalking occurred and any of the following beyond a reasonable doubt. Your stalking defense attorney can help you understand the charges and any possible defenses to stalking allegations.

At least 1 of the actions constituting the offense violates a restraining order, and the individual charged has received actual notice of the restraining order.
At least 1 of the actions constituting the offense violates a probation condition, parole condition, condition of bond, or condition of the bond pending appeal.
A course of conduct includes making one or more credible threats against the alleged victim, a member of the alleged victim’s family, or another person living in the same household as the alleged victim.
There is a prior conviction for violation for aggravating stalking or stalking.

What am I looking at as a possible penalty? Am I going to jail/prison?

The answer is that it depends. Michigan takes stalking very seriously, and the Oakland, Macomb, and Wayne County judges also take the offense very seriously. However, LEWIS & DICKSTEIN, P.L.L.C. has an outstanding track record of achieving minimal sentences for those clients who are convicted or plead guilty. If you are acquitted (found not guilty), there will be no sentence, and the case will be dismissed.

After detailed, caring, and careful consultation with our clients, we might determine that resolving a case without a trial is in our client’s best interest. If that is the case, our attorneys will approach the prosecution and negotiate the best plea bargain possible. If the prosecutor refuses to negotiate, our attorneys will seek a favorable sentence bargain, called a Cobb’s Plea, directly from the judge. LEWIS & DICKSTEIN, P.L.L.C. will leave no stone unturned to get our clients the best resolution.

The judge will likely order a period of probation as a sentence. How long the probation will last depends on the court and whether the offense is a felony or misdemeanor. Probation can include community service, drug/alcohol testing, fines and costs, meetings with a probation officer, therapy (psychiatric, psychological, or social), not contacting the victim, and many more possibilities.

Whether a judge will order jail or prison depends greatly on a person’s prior criminal record and the severity of the stalking offense (was anyone hurt?). The stalking defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. will take all measures necessary to ensure that jail is avoided when possible.

What if I am falsely accused of stalking? How can a stalking defense attorney help?

False accusations are very easy to make. Maybe you were in a relationship that ended badly, and your former partner wants to hurt you. Perhaps you are just trying to be friendly to someone, and it got interpreted the wrong way. There are numerous possibilities for misunderstandings and malice. Do not try to explain yourself to the police, a prosecutor, or a judge. You need the law firm of LEWIS & DICKSTEIN, P.L.L.C. to speak on your behalf. Our stalking defense lawyers know just what to say and when to say it to help explain an already bad situation. We have vast experience in situations just like this and know what to do and when to do it to help you. If you face stalking allegations, you need help from a qualified, experienced stalking defense attorney.

Stalking Defenses Michigan Criminal Defense Attorney

Stalking Allegations and How to Stop Charges in Michigan

If someone makes a stalking allegation in Michigan, are charges inevitable? No! In many cases, allegations of stalking are untruthful, exaggerated, or motivated by revenge or spite. Unless the government knows both sides, they will likely believe the allegations and move forward with felony or misdemeanor stalking changes in court. As anyone knows from watching television or reading the news, anything a suspect says “can and will be held against them.” So, the accused cannot come forward on their own, talk with police, or hand over exculpatory evidence without it being turned and twisted against them in court. A pre-charge defense lawyer can advocate for the accused to prevent charges. Anyone accused of a crime should never talk with the police without qualified legal representation. If you face accusations of stalking, your best defense strategy is to contact us immediately.

Not Guilty of Michigan Stalking Charges

Innocent people face wrongful charges in the United States daily. While most defense lawyers lack the skill or courage to face the government and put up a robust defense for their client, the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. does this in Michigan daily! Our stalking defense attorneys are skilled, experienced trial lawyers who know how to fight and win at trial or in negotiations with the government. We have hundreds of trial wins in felony and misdemeanor courts throughout Michigan. When you hire our team, you can expect the following:

fearless trial lawyers fighting to get you every possible advantage
outstanding communication and follow-up
a knowledgeable team that won’t miss any opportunity to succeed in your case
fair and affordable legal fees
attorneys who are loyal only to you and never cave to the government because they are afraid to fight to win.

Top Defense Attorney for Fighting Stalking Charges

The award-winning attorneys at LEWIS & DICKSTEIN, P.L.L.C. are here to help you. Our attorneys have decades of experience representing people charged with crimes. We understand the stress, worry, and fear of facing the criminal justice system. You MUST NOT enter a courtroom and face a prosecutor and judge without the best legal representation available. Your future and possibly your freedom are at stake. LEWIS & DICKSTEIN, P.L.L.C. is well respected by prosecutors and judges for our zealous, skilled, and fearless advocacy. We have a reputation for being passionate and compassionate and presenting well-thought-out and creative defenses for our clients. You can expect nothing but the best from the attorneys at LEWIS & DICKSTEIN, P.L.L.C.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.