Steven J. Topazio - Attorney At Law

Stalking

Massachusetts Stalking Attorney

Charged With Stalking in Boston?
Contact Boston Stalking Attorney Steven J. Topazio

Stalking is a relatively new crime and is generally defined as the intentional, repeated following of a person for the purpose of harassing the person with express or implied threats of violence or death.   

Stalking is a specific type of harassment. When harassment is persistent, involves following or other types of surveillance and causes fear and apprehension in the victim, then it may be termed as stalking. Stalking is often charged in situations such as the following:

• Ex-boyfriend, ex-husband, would-be suitor, ex-girlfriend, ex-wife, family member or neighbor following and harassing the target person over time
• Unwanted advances that continue despite requests to stop, or to leave
• Aggressive pursuit such as hanging out by a person's car, following the person home after a break-up.

The crime of Stalking is governed by Massachusetts General Laws

Chapter 265: Section 43.  

Section 43. (a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars, or imprisonment in the house of correction for not more than two and one-half years or both. Such conduct, acts or threats described in this paragraph shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications and facsimile communications.

(b) Whoever commits the crime of stalking in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred and eight; or section thirty-two of chapter two hundred and nine; or sections three, four, or five of chapter two hundred and nine A; or sections fifteen or twenty of chapter two hundred and nine C or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court, shall be punished by imprisonment in a jail or the state prison for not less than one year and not more than five years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year.

A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.

Penalty for Repeat Offense: Jail or state prison, minimum 2 years to maximum 10 years.

Clients of the Law Office of Steven J. Topazio, who have been charged with stalking often insist that there has been a misunderstanding. Regardless of the explanation or rationale for behavior perceived as stalking, to protect your rights at a time like this, it is critical that you contact an experienced Boston stalking attorney. Trying to "talk your way out of it" with the other person or the police is bound to make a bad situation worse.

Attorney Steven J. Topazio has a track record of successful outcomes for clients charged with domestic violence and sex crimes.

Contact the Law Office of Steven J. Topazio, For Help Now

What you perceive as a minor issue is no longer a simpler matter once law enforcement and the courts become involved. Choose an attorney who you know will work hard to fight for you. Schedule a free consultation with Attorney Steven J. Topazio. Call 617-422-5803 or contact us online.