Kentucky Criminal Defense Attorney

Harassment and Stalking

Harassment and Stalking are two offenses that can leave victims feeling violated, frightened, and anxious. Because of the serious mental and often times physical trauma that an individual who has been a victim of these crimes experiences, states like Kentucky have decided to enact tough laws as a measure to protect the citizens who live there.

Charged with a crime in Kentucky? Please call (888) 632-5650.

Some individuals who have been charged with harassment or stalking are unaware that the contact they are having with individuals actually classifies as this type of behavior. It is important if you are going to court to face a charge for harassment or stalking that you learn the laws andseek legal representation as soon as you can, as the penalties for these crimes can be steep.

There are two types of harassment crimes you could be charged with.

One is harassment that is physical contact with no injury. A person is defined as being guilty of this crime if they strike, kick or make any type of physical contact or an attempt or threat of physical contact, strikes, kicks, or shoves, or uses coarse utterances, gestures, or addresses to a person in a public place. You might also be charged with this type of harassment if you follow a person in a public place or commit acts that alarm or seriously annoy another person for no legitimate reason. This type of harassment is a Class B misdemeanor.

The other type of harassment you might be charged with is harassing communications. This deals primarily with someone who seeks to harass, annoy, or alarm a person using the telephone, telegraph, mail or some other type of written communication. This also covers harassing phone calls where no conversation is made and that has no purpose or legitimate communication to be made. In essence, this second part of the harassing communications law is referring to crank calls.  This also is a Class B misdemeanor.

There are two different degrees of stalking.

Stalking in the first degree is defined as an individual who intentionally stalks another person, makes an explicit or implicit threat with the intent to place that person in reasonable fear of sexual contact, serious injury, or death. You can also be charged with stalking in the first degree if you have been convicted of a Class A misdemeanor against the same victim that has been threatened within the past five years. An individual who is charged with stalking in the first degree is looking at a Class D felony if convicted.

Stalking in the second degree is almost identical to stalking in the first degree minus the additional statutes. Stalking in the second degree is considered to be a Class A misdemeanor.

The penalty for harassment and harassing communications is a Class B misdemeanor, which is at least 3 months in the county jail. The penalty is usually less severe for first time offenders.

The penalty for stalking in the first degree is a Class D felony, which carries a possible sentence of 1 to 5 years in prison.

Stalking in the second degree could get you a year in jail.

Facing these charges can be scary, as you are looking at some serious jail time, especially for stalking in the first degree.

It is wise to begin searching for an attorney to defend your case in court during the trial.

A defense attorney will guarantee that you receive a fair trial as guaranteed by the Constitution. They will also set up specific strategies that are designed to cast doubt on your guilt and to prove that the act you committed does not meet all of the requirements needed to be considered harassment or stalking.