Stalking

Take it from us that stalking cases can be some of the most difficult and some of the most defendable cases in the criminal justice system. A stalking crime may be a gross misdemeanor or a felony, depending on the facts alleged. There are several collateral consequences that can attach to a stalking crime conviction, in addition to jail, prison, and fines. These collateral consequences may include a prohibition on possessing firearms, court-ordered mental health assessment and treatment, and the issuance of no contact orders and harassment restraining orders. These are all reasons why you need the assistance of the attentive and diligent attorneys at Lundgren & Johnson if you have been charged with any of Minnesota’s many stalking crimes. Our attorneys have handled numerous stalking cases – one notable example involved the dismissal of a felony case where our client was facing 48 months in prison if convicted.

TRUST THE ATTORNEYS AT LUNDGREN & JOHNSON TO ZEALOUSLY DEFEND YOUR STALKING CASE.

Under Minnesota law, “stalking” means “to engage in conduct which the actor knows or has reason to know would cause the victim under the circumstances to feel frightened, threatened, oppressed, persecuted, or intimidated, and causes this reaction on the part of the victim regardless of the relationship between the actor and victim. A person who stalks another and does any of the following acts may be charged with the gross misdemeanor crime of stalking under Minnesota Statutes Section 609.749.

Directly or indirectly, or through third parties, manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act.
Follows, monitors, or pursues another, whether in person or through any available technological or other means.
Returns to the property of another if the actor is without claim of right to the property or consent of one with authority to consent.
Repeatedly makes telephone calls, sends text messages, or induces a victim to make telephone calls to the actor, whether or not conversation ensues.
Makes or causes the telephone of another repeatedly or continuously to ring.
Repeatedly mails or delivers or causes the delivery by any means, including electronically, of letters, telegrams, messages, packages, through assistive devices for people with vision impairments or hearing loss, or any communication made through any available technologies or other objects.
Knowingly makes false allegations against a peace officer concerning the officer’s performance of official duties with intent to influence or tamper with the officer’s performance of official duties.

If a person is convicted of any of the above gross misdemeanor crimes, they may be sentenced to up to one year in jail, a $3,000 fine, or both.

FELONY VIOLATIONS

Many stalking crimes are felonies. The following crimes are considered felony stalking crimes.

Commits any gross misdemeanor offense described above because of the victim’s or another’s actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin.
Commits any gross misdemeanor offense described above by falsely impersonating another.
Commits any gross misdemeanor offense described above and possesses a dangerous weapon at the time of the offense.
Stalks another with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, a prosecutor, defense attorney, or officer of the court, because of that person’s performance of official duties in connection with a judicial proceeding.
Commits any gross misdemeanor offense against a victim under the age of 18, if the actor is more than 36 months older than the victim.
Commits any gross misdemeanor offense described above

A person convicted of any of the above felony stalking offenses may be sentenced to up to five years imprisonment, a $10,000 fine, or both.

PATTERN OF STALKING CONDUCT

In addition to the above gross misdemeanor and felony stalking crimes, Minnesota has a separate crime known as Pattern of Stalking Conduct. The crime of Pattern of Stalking Conduct is defined as follows.

A person who engages in a pattern of stalking conduct with respect to a single victim or one or more members of a single household which the actor knows or has reason to know would cause the victim under the circumstances to feel terrorized or to fear bodily harm and which does cause this reaction on the part of the victim, is guilty of a felony.

If convicted of the crime of Pattern of Stalking Conduct, a person may be sentenced to up to 10 years imprisonment, a $20,000 fine, or both.

IF YOU NEED THE SERVICES OF OUR EXPERIENCED ATTORNEYS TO DEFEND AGAINST FELONY STALKING CHARGES, CALL US TODAY FOR A NO-COST CONSULTATION.