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If you have been charged with stalking, cyberstalking or a related crime, you need an experienced Massachusetts Criminal Defense Lawyer like Bob to ensure your rights and your record are protected. Below you will find more information about some charges our office typically handles. Speak to an attorney before you speak to law enforcement! Call our office today.
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Stalking
Section 43 of chapter 265 of our General Laws outlines the legal definition of stalking:
- “Whoever . . .willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking . . . .”
To prove someone is guilty of stalking in Massachusetts, the Commonwealth must prove five things beyond a reasonable doubt:
- First: That over a period of time the defendant knowingly engaged in a pattern of conduct or series of acts, involving at least three incidents, directed at [alleged victim]
- Second: That those acts were of a kind that would cause a reasonable person to suffer substantial emotional distress;
- Third: That those acts did cause [alleged victim] to become seriously alarmed or annoyed;
- Fourth: That the defendant took those actions willfully and maliciously.
- Fifth: The Commonwealth must prove beyond a reasonable doubt that the defendant also made a threat with the intention of placing [alleged victim] in imminent fear of death or bodily injury.
An act is “willful” if it is done intentionally and by design, and not out of mistake or accident. An act is done with “malice” if the defendant’s conduct was intentional and without justification or mitigation, and any reasonable prudent person would have foreseen the actual effect on [alleged victim] .
Cyberstalking
In addition to the elements of stalking (above) the Commonwealth must prove:
- that the acts were conducted by a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications;
Punishments for Stalking/Cyberstalking in Massachusetts
The potential consequences for Stalking or Cyberstalking, if convicted, in the Commonwealth may be found at Mass General Laws Section 43
First Offense Stalking or Cyberstalking Penalties
- A defendant convicted of Stalking or Cyberstalking shall be punished by imprisonment in the state prison for not more than 5 years or by a fine of not more than $1,000, or imprisonment in the house of correction for not more than 2.5 years or by both such fine and imprisonment.
Second and Subsequent Offenses Penalties
- If convicted of a second or subsequent the defendant shall be punished by imprisonment in a jail or the state prison for not less than 2 years and not more than 10 years.
Penalties for Stalking or Cyberstalking When in Violation of a Temporary or Permanent Restraining or No-contact Order
- In addition, in the defendant commits the crime of Stalking or Cyberstalking in violation of a temporary or permanent restraining or no-contact order, he or she shall be punished by imprisonment in a jail or the state prison for not less than 1 year and not more than 5 years.