Understanding the Implications of a Stalking Charge in Wisconsin

 Posted on May 12,2016 in Criminal Defense

On the surface, the cases of two Wisconsin men currently awaiting trial for stalking charges might seem fairly similar. Both allegedly made victims uncomfortable with their words and actions. Both are being held on the same charges. Yet the outcomes of these cases could be very different. Why? And how? Let’s examine the possibilities by looking at the implications of their charges and other potential factors.

Comparing the Two Cases

In the most recent case, a man allegedly stalked several women in the River Falls area and showed them pornographic clips on his cellphone. Many were also allegedly asked if they knew where there was an adult video store or an adult book store. In contrast, the other alleged perpetrator is a teacher who reportedly sent numerous Snapchat messages to his 12-year-old student.

Legal Definition of Stalking

Under Wisconsin Statute 940.32, stalking is defined by a series of at least two acts that show a continuity of purpose. This can include (but is not limited to) attempting to maintain visual of physical proximity to a victim; entering property that is owned, occupied, or leased by a victim; appearing at a victim’s home or contacting their neighbors; attempting to show up at or contact a victim at their place of employment; and attempting to deliver an object at the victim’s home or place of employment.

Stalking a Minor Versus Stalking an Adult

At minimum, a conviction for stalking is a Class I felony, which could result in both fines and imprisonment. Previous conviction of a violent crime or causing bodily harm can increase the penalty to a Class F or a Class H felony. Moreover, the state of Wisconsin allows for increased penalties if the victim is considered a minor (under the age of 18).

So will the man who allegedly stalked his student receive more time? Not necessarily. He is currently facing two counts of stalking. The other man, who allegedly admitted to 10 different incidents of stalking (some with more than one woman present at the time), is looking at several felony stalking charges. And, considering that he has allegedly confessed, his case could be extremely difficult to defend.

Takeaway Lesson: Remain Silent and Retain an Experienced Attorney Immediately

Although no one can truly predict how either of these two cases will turn out, the reality is that one man may face harsher penalties because he gave up his right to remain silent upon arrest. This is the first – and most critical – defense tool you have. The second is the skilled and experienced help from the Milwaukee criminal defense attorneys at Gimbel, Reilly, Guerin & Brown, LLP. Schedule your consultation today and get the aggressive representation you deserve. Call 414-271-1440 today.

Sources:

http://www.grandforksherald.com/news/crime-and-courts/4004431-wisconsin-man-charged-stalking-after-showing-porno-clips-cellphone

http://www.startribune.com/former-eagan-middle-school-teacher-charged-with-stalking-12-year-old-female-student-sending-messages-via-snapchat/369343941/

https://docs.legis.wisconsin.gov/statutes/statutes/940/II/32