This is the next post in my series on whether stalking is a felony in Peoria, Illinois. My last article addressed what is involved with serving probation after a conviction. It is important to understand what conduct can result in a violation and prison time. It also stressed how critical it is to reach out to an attorney immediately after being charged and to avoid contact with the alleged victim. In this article, I will discuss why defendants need to treat these types of charges seriously as they can have a life changing impact. Contact my office to speak with a criminal defense lawyer if you or a loved one need legal assistance.
Many individuals believe that stalking charges are a private dispute between two individuals that can be resolved or “dropped” if the alleged victim changes their mind. This is a common misconception. Stalking is a criminal offense so it is prosecuted by the state of Illinois rather than the alleged victim. Even if the person who made a complaint decides they no longer want to pursue it legally, the state can still continue prosecuting. The state treats these cases seriously, so individuals facing charges should too.
It is crucial to refrain from any and all contact with the alleged victim while the case is pending. Illinois’ Stalking No Contact Order Act (740 ILCS 21) allows a judge to order a defendant to stay away from the person who files a Petition with the Court. Such orders are normally issued as a matter of course. No communication of any kind is allowed once a judge enacts a No Contact Order. Any form of communication can lead to additional charges and a worse, more complicated legal situation. Contact with the person who made the complaint does not have to be direct or in-person. Phone calls, text messages, reaching out on social media, or even asking a friend to relay a message could result in new charges like violating a restraining order or aggravated stalking. An individual might believe there has been a misunderstanding and want to resolve it with the alleged victim. However, the Court could interpret any attempt to make contact as further stalking. An experienced lawyer could explain what is and is not allowed and handle all the legal aspects of the case to reduce the risk of costly consequences.
Defendants face serious legal consequences that can affect their reputation, livelihood, and could cost their freedom. Stalking is classified as a Class 4 felony in Illinois even for first time offenders. A first offense could result in a prison sentence of one to three years as well as fines up to $25,000. The charge is escalated to a Class 3 felony if the defendant has a prior similar conviction or the offense is committed in violation of a restraining order or no contact order. The potential prison sentence increases to two to five years. Other possibilities for consequences include a permanent criminal record and other protective orders such as not being able to have a firearm. An attorney could help defendants assert defenses that apply. Possible defenses include: lack of intent, mistake of fact, etc. So, the defendant could assert a defense to a stalking charge if his actions were accidental.
These charges carry the heavy weight of possible consequences so they cannot be ignored or downplayed. Taking the situation seriously is necessary as failing to do so could have lasting negative repercussions like restraining orders, probation, jail time, and/or a permanent criminal record. I am a Peoria criminal defense lawyer focused on protecting a defendant’s rights. Contact my office for an initial consultation if you or a loved one are in need of assistance. I pride myself on providing high quality representation and presenting my client’s cases as best as possible.
In addition to Peoria, Illinois, I also serve clients in Bloomington, Eureka, Galesburg, Morton, 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 I handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.