This is the next article in my series on whether stalking is considered a felony in Peoria, Illinois and its surrounding areas. My last article addressed what to expect when charged with a first-offense stalking case. It also pointed out how important it is to contact an attorney as soon as possible following a charge and avoid any contact with the alleged victim. In this article, I will be discussing conduct that can increase stalking charges and additional legal issues that defendants may face. If you or a family member need assistance then contact my firm to speak with a criminal defense lawyer.
Illinois stalking charges can be increased beyond a Class 4 Felony
A basic stalking charge for a first time offender is classified as a Class 4 felony in Illinois as the state approaches this crime with utmost seriousness. It is punishable by a potential prison sentence of one to three years and fines reaching $25,000. Certain conduct or previous convictions can increase the charges. The charge is elevated to a Class 3 felony if an individual has prior stalking convictions or if the offense was committed while a no contact or restraining order was in place. A class 3 felony increases the length of the potential prison sentence from one to three years to two to five years and could involve other penalties like probation or a permanent criminal record. The charge is increased from Class 4 to Class 3 felony when stalking is considered “aggravated.” Aggravated stalking is a more severe form that is characterized by causing bodily harm, confining or restraining a person, or violating court orders.
Consider the following example. John has been following his ex-girlfriend, Jane, and repeatedly sending unsolicited messages. This behavior leads Jane to file a Petition with the Court for a No Contact Order. The Court grants the Order which prohibits John from having any contact or communication with Jane. John is now also facing a stalking charge. John is surprised that Jane would get the courts involved and wants to clear the air with her. He follows her to her work and tries to talk to her while she is confined in her cubicle. The confrontation escalates to an argument and Jane feels unsafe. Based on these facts, a prosecutor may bring an additional aggravated stalking charge against John as he committed another offense and violated an Order in doing so.
Peoria defendants may face additional charges beyond stalking
Multiple charges can be brought out of one course of conduct. This is because an individual’s actions can violate more than one law at the same time. Prosecutors may file multiple charges to increase the chance of a conviction, even if another charge is reduced or dismissed. A defendant facing a stalking charge could also be charged with criminal trespass if they repeatedly enter private property without permission in an attempt to contact or see the alleged victim. Similarly, a person could face both a stalking and harassment charge if they sent repeated threatening messages to another. The state prosecutes each charge separately so a defendant could receive multiple convictions and face a number of legal consequences from a single course of conduct.
Stalking must not be seen as a private matter that can be resolved easily or between the two people involved. Someone might believe their actions are harmless or minor, especially if their intentions are good. However, the matter is given to the State once a charge is filed against a defendant and the State approaches stalking as a serious crime. Criminal charges do not just go away and a defendant can quickly find themselves with severe legal consequences. Individuals facing stalking charges should understand that following guidance from counsel and abiding by any court orders is critical to avoid additional consequences.
Having an experienced attorney could help mitigate the severity of the charges and penalties. I am a Peoria criminal defense lawyer with significant experience defending the rights of the accused and pride myself in providing quality representation to all. Contact my office online or by telephone today if you or a loved one needs assistance. I also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.