Stalking is the intentional, malicious and repeated following and harassing of another person, when that behavior would cause a reasonable person to feel frightened, threatened, intimidates or molested, and actually does make them feel that way.
The allegations of stalking or domestic violence are serious and can result in the loss of freedom and substantial rights, including possession of a firearm. In it crucial you understand the laws related to domestic violence charges and retain an experienced Oklahoma domestic violence defense lawyer.
The statute for Stalking is OKLA. STAT. tit. 21 § 1173A, which states “Any person who willfully, maliciously, and repeatedly follows or harasses another person in a manner that would cause a reasonable person or a member of the immediate family of that person to feel frightened, intimidated, threatened, harassed, or molested; and actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested, shall, upon conviction, be guilty of the crime of stalking, which is a misdemeanor punishable by imprisonment in a county jail for not more than one (1) year, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.”
Harassment is defined as a pattern or course of conduct directed toward another individual that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable person to suffer emotional distress, and that actually causes emotional distress to the victim. Emotional distress is any significant mental suffering that may require some manner of professional treatment but does not require professional treatment.
Following is defined as the tracking of movement or location of another person through the use of GPS technology or another monitoring device. It can also be a person who acts on behalf of another, without the consent of that person.
Unconsented contact refers to contact that is in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Types of unconsented contact include following or appearing within the sight of that individual, approaching or confronting that individual in a public place or on private property, appearing at the workplace or residence of that individual, entering onto or remaining on property owned, leased, or occupied by that individual, contacting that individual by telephone, sending mail or electronic communications to that individual, and placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.
Elements of the Crime
In order to be convicted of Stalking in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove:
4) followed or harassed another person;
5) in a matter that would cause a reasonable person or member of that person’s immediate family;
6) to feel frightened, intimidated, threatened, harassed, or molested; and
7) actually caused the person be followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed or molested.
Oklahoma Jury Instruction #4-29.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Stalking in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"
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