What is Considered Stalking in Wisconsin?

 Posted on April 20,2017 in Criminal Defense

If you have been charged with stalking in Wisconsin, be aware that you may be facing jail time. Wisconsin courts take stalking charges seriously, and it may be up to you to refute the accusations made by the complainant.

With the help of an experienced criminal defense attorney, you can fight these charges or build a strong defense to reach an optimal plea deal.  

How Wisconsin Law Defines Stalking

Stalking charges may be brought when the following occurs:

• The accused intentionally engages in more than one act directed toward an individual that would cause a reasonable person to suffer serious emotional distress, or to fear bodily injury or death to the targeted person or someone in his or her family;
• The accused knows or should know that the act will cause serious emotional distress or fear of bodily injury; and
• The course of conduct causes serious emotional distress or fear of bodily injury to the targeted person or someone in the household.

All three requirements must be met. The law requires that the reaction of the complainant be reasonable and that the complainant actually be fearful of the acts. Also, the state must prove that the accused intentionally engaged in the acts and should have known the reaction he or she would cause.

Wisconsin law also defines the acts that may constitute stalking. At least two of these acts must be carried out over time and include:

• Maintaining proximity, either visual or physical, to the victim;
• Confronting or approaching the victim;
• Going to the victim’s place of employment or contacting people in the victim’s workplace;
• Going to the victim’s home or contacting neighbors;
• Visiting property occupied or owned by the victim;
• Telephoning the victim, including calling the victim’s phone repeatedly;
• Recording or capturing the activities of the victim, including by electronic means;
• Sending materials to the victim or attempting to communicate with the victim’s family, friends, and associates; and
• Delivering an object on the property that is occupied or owned by the victim or by the victim’s family or associates.

Possible Penalties for Stalking

Stalking is a Class 1 felony; therefore, if you are convicted of stalking, you could be sentenced to up to 3.5 years in prison and fined up to $10,000. Additionally, there are aggravating factors that could increase the fines.

Contact a Milwaukee, WI, Stalking Charges Lawyer

If you have been charged with stalking, or believe that such charges are imminent, do not speak with police or go to court without an attorney. Many people facing stalking charges believe they can explain their side and have the charges dropped. However, this is rarely the case.

Contact a skilled attorney who fully understands the law and can advocate your position in court. To schedule your first meeting with our knowledgeable Milwaukee stalking charges attorneys, call Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440.

Source:

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