Criminal defense of stalking in Lousiana is charged when certain requirements are met. A criminal defense trial for felony stalking is like any other serious felony and takes intense skill and effort to defend properly.
Louisiana describes felony stalking as “Intentional or repeated following or harassing of another person that would cause a reasonable person to feel alarmed or suffer emotional distress. ” That includes appearing uninvited at the accuser’s home, workplace, or anywhere else they would be reasonably alarmed.
There are two key terms in this definition: “harassment” and “pattern of conduct.”
Louisiana describes harassment as “a repeated pattern of verbal or non-verbal behavior without invitation, including phone calls, emails, text messages, letters, or photos.”
The term “pattern of conduct” is also important. It is defined as “a period of acts over time evidencing intent to inflict emotional distress upon the person.”
Also worth noting is that protections for stalking do not only apply to the accuser, but to their family as well. That includes blood relatives, housemates, and spouses.
In other words, felony stalking isn’t one thing. It’s a series of incidents that impact a person or their family members that cause them reasonable fear. For example, accidentally running into someone on the street is not stalking, even if it happens multiple times.
A State of Mind
A stalking accusation depends entirely on the accuser’s state of mind. Two people might experience the same situation and have entirely different responses. Stalking is considered a pattern, and there’s no way to determine when the accuser may start that timeline. For example, it could be immediately after a breakup or after receiving a letter of reconciliation.
Because each stalking accusation can feel inconsistent, it’s always a good idea to consult an experienced criminal defense attorney as soon as police get involved.
If you’re facing criminal charges, you should consider strong legal representation. If you’d like an experienced Baton Rouge criminal defense attorney from The Ambeau Law Firm to evaluate your case, please send us an email or call (225) 230-1181.