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Stalk or Intimidate

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Best Stalk or Intimidate Lawyers

Our stalking and intimidation lawyers specialise in aggressively fighting to defend the rights of our clients. These charges commonly occur in the context of domestic violence. Often an Apprehended Violence Order (AVO) will accompany an intimidation or stalking charge.

Contact us now to discuss your case with a specialist domestic violence lawyer. We have years of experience in defending these charges and getting them dropped early in the proceedings. You can also see our recent results for Stalk or Intimidate charges.

WHAT SHOULD I DO?

  • PLEADING NOT GUILTY

    What is Stalking?

    Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) sets out that if you follow a person, or approach or attend their home or place of work, or any other place they attend regularly, you can be guilty of stalking.

    Stalking is a Table 2 offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless the prosecution elects to deal with it in the District Court.

     

    What Are Some Examples of Stalking?

    Some examples of stalking include:

    1. Constantly contacting a person (eg. by phone, text message, Facebook or other social media application);
    2. Repeatedly attending a person’s home
    3. Repeatedly attending a person’s workplace

     

    How Do You Beat a Stalking Charge?

    You can fight a Stalking charge in two ways. Firstly, the prosecution must prove each of the following beyond reasonable doubt:

    1. You followed, watched, frequented or approached the person’s home, workplace, or social or leisure activity; AND
    2. You knew or should have known that your conduct would cause the person to fear physical or mental harm

     

    If any of these elements are not made out, then you can be found ‘not guilty’.

    Secondly, you can rely on one of the defences.

     

    What is Intimidation?

    Section 13 of the Crimes (Domestic and Personal Violence) Act sets out the definition of intimidation as knowingly causing a person to fear for their safety or the safety of another. A specialist intimidation lawyer will be able to determine whether your actions fall under this definition.

    Intimidation is a Table 2 offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless the prosecution elects to deal with it in the District Court.

     

    What Are Some Examples of Intimidation?

    The most common example of intimidation is making threats to another person. An experienced lawyer for intimidation charges will be able to analyse the evidence against you and provide advice based on your specific circumstances.

     

    How Do You Beat an Intimidation Charge?

    You can fight a Intimidation charge in two ways. Firstly, the prosecution must prove each of the following beyond reasonable doubt:

    1. You harassed, molested, made repeated phone calls, text messages; AND
    2. You knew or should have known that your conduct would cause the person to fear physical or mental harm

     

    If any of these elements are not made out, then you can be found ‘not guilty’.

    Secondly, you can rely on one of the defences.

    Significantly, there is no need for Police to prove that the alleged victim actually fears physical or mental harm for either offence.

     

    What are the Defences to Stalking or Intimidation?

    The following defences to Stalking or Intimidation may allow you to be found not guilty:

    1. Intent: you did not intend to cause fear to the alleged victim.
    2. Identification: Police cannot prove you were responsible for the stalking or intimidation. This includes if they cannot prove you were responsible for sending any messages
    3. Duress: You were forced to commit the offence
    4. Necessity: Your actions were necessary in the circumstances

     

    We have a team of senior criminal lawyers who can sit down with you and explore whether there are any arguable defences open to you. Contact us now to speak to one of them immediately.

  • PLEADING GUILTY

    If you decide that you want to enter a plea of guilty, there are a number of steps you can take in order to obtain the best sentencing outcome. Our guide will assist you generally. If you wish to obtain a more thorough list and one that is tailored to your specific case, you can speak to one of the best lawyers for stalking or intimidation charges by contacting us now.

     

    What Are the Penalties for Stalking and Intimidation?

    A charge of ‘Stalk or intimidate’ carries maximum penalty of 5 years jail and/or a fine of $5,500.

     

    What are the Possible Sentences for Stalking or Intimidation?

    The below list sets out the sentencing options for a charge of Stalking or Intimidation:

    1. Section 10 dismissal
    2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
    3. Fine
    4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
    5. Community Corrections Order (previously known as Community Service Order)
    6. Intensive Corrections Order
    7. Home Detention Order (no longer used in NSW)
    8. Full Time Imprisonment

     

    Will You Go to Jail for Stalking or Intimidation?

    Statistics for stalking or intimidation reveal the range of likely sentences you may receive. Analysing 1,832 sentencing cases in the Local Court from the last 5 years, only 11% of people received no conviction for stalking or intimidation. The remaining offenders all received convictions. Over 20% of offenders were sentenced to some form of imprisonment and 12% of offenders were sentenced to full-time imprisonment.

    Avoiding a criminal conviction is not easy. More people are sentenced to jail than receive Section 10 dismissals. That is why it is important that you speak to one of our highly experienced criminal defence solicitors to obtain the best possible outcome.

FAQ

Stalk Intimidate Sentencing for a First Offence?

If this is your first offence, you will generally be dealt with more leniently by the Court. A list of 2259 first offence Stalk Intimidate sentencing cases in the Local Court provides some insight as to what your sentence will be. Almost half of the first time offenders are dealt with by way of a good behaviour bond with a conviction. In fact, almost three quarters of first time offenders receive a criminal conviction. That is why it is important that you consult an experienced lawyer for stalk or intimidate charges who can provide you with advice specific to your case and persuade a Magistrate or Judge to give you a Section 10 dismissal.

 

Is Harassment a Crime in NSW?

Yes. Harassment falls under the definition of intimidation. Behaviour such as constantly calling, texting or messaging someone wold fall into the definition of harassment.