How To Address Stalking Charges
If you have been accused of stalking, you should hire an experienced criminal defense attorney to help you fight the charges.
At Pearson & Paris, we have more than 22 years of legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior felony prosecutor who knows how the prosecutors handle these cases. That knowledge allows us to create effective strategies ranging from negotiating plea bargains to waging full on court battles.
What is Stalking ?
In Kentucky, Stalking refers to intentional conduct, directed at a specific person or persons, which seriously alarms, annoys, intimidates, or harasses the person or persons, and which serves no legitimate purpose. The Kentucky Penal Code contains two categories of this crime.
Stalking in the First Degree generally occurs when a person stalks another person and threatens sexual contact, serious physical injury, or death, and the person is, or has been, the subject to criminal process involving the same victim. Stalking in the First Degree is a Class D felony, K.R.S. § 508.140, and it is punishable by a sentence of imprisonment of not less than 1 years nor more than 5 years.
Stalking in the Second Degree generally occurs when a person stalks another person and threatens sexual contact, serious physical injury, or death. Stalking in the Second Degree is a Class A misdemeanor, K.R.S. § 508.150, and it is punishable by a sentence of imprisonment of not more than 12 months.
Possible Defenses for Stalking
Other defenses may also apply. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced stalking lawyer to defend you in a stalking case in Lyndon, Jefferson County, or across Kentucky.
Call us at 502-688-5200 in the Greater Louisville area and across the state of Kentucky.
Contact Our Firm in La Grange, Kentucky.
For an initial consultation with a Louisville criminal law attorney, contact Pearson & Paris,. We represent clients throughout Trimble, Henry, Oldham, Jefferson, Shelby, and Spencer counties in such cities as Louisville, St. Matthews, Lyndon, Prospect, Anchorage, Hurstbourne, Middletown, Jeffersontown, Shively, Crestwood, Goshen, Buckner, La Grange, Simpsonville, Shelbyville, Mt. Washington and Shepherdsville.