Utah Stalking Lawyer

In Utah, being charged with stalking can mean paying heavy fines, possible jail time, and destruction of your record. If you have previous convictions, whether they are stalking related or not, your penalties can increase dramatically. Let Weber Law help you today!

WHAT IS STALKING?

A person is guilty of stalking when they intentionally or knowingly engage in a course of conduct directed at a specific person and knows or should know that the course of conduct would cause a reasonable person:

a. To fear for the person’s own safety or the safety of a third person; or 

b. To suffer other emotional distress

It is not enough that you did not intend to cause that person fear or other emotional distress, if that is how they feel by your actions, you could be charged with stalking. 

In Utah, if an individual believes they are the victim of stalking, they may file a petition for a civil stalking injunction against the alleged stalker. If the court determines that there is reason to believe stalking has occurred, they can restrain you from contacting that person, going to their place of residence, and having to leave a public area if you see them there. Having a protection order against you can cause inconveniences for you.

WHAT IS THE PENALTY?

The penalties for stalking can include not only jail time but a hefty fine. The penalties for stalking depend on the seriousness of the crime and are outlined below:

Stalking in the state of Utah is classified as a class A misdemeanor, if it is your first offense.

If you have been convicted of stalking before, even if it was a different charge that was similar to stalking in a different place, if you are a convicted felon, or violated a permanent criminal stalking order, you could be charged with a third degree felony. 

You could be charged with a second degree felony if, a dangerous weapon was used, or other means, or force likely to produce death or serious bodily injury, while committing the offense of stalking. Additionally, it is a second degree felony if you have been convicted of stalking two or more times, even it was in a different area, or have been convicted of two or more felonies in the past.

If a weapon is seized from you at the time of arrest and a stalking protection order is put in place, you will not get that weapon back.

A third degree felony is punishable by up to five years imprisonment and a fine of up to $5,000.00. 

A second degree felony is punishable by one to fifteen years imprisonment, and up to a $10,000 fine.

A class A misdemeanor is punishable by up to one-year imprisonment and a fine of up to $1,000.00.

WHAT SHOULD I DO IF I HAVE BEEN ACCUSED OF STALKING?

If you have been accused of stalking, whether a felony or misdemeanor, let Weber Law help you today. It can be a stressful situation to have criminal charges pending and Weber Law will work for you. Let Weber Law work to have your citation dismissed or dropped to a lower offense. If that is not possible, we will negotiate the best deal for you, which could include a shorter jail time or no jail time, and a lesser fine. 

There are potential defenses against a charge of stalking, which include but are not limited to, not realizing that person was there, a misunderstanding, and being falsely accused.

Weber Law will look at every aspect of your case, including surveillance footage, eye witness testimonies, and even your prior criminal record. Let Weber Law build the best defense for you! A charge of stalking on your record could potentially hurt future job offers, and ruin your record. Weber Law is experienced in defending these charges and getting you back to a life free of criminal charges. It is never a good idea to face these charges without an attorney, the court room can be intimidating, and you need someone with experience. Any blemish on your record can have detrimental effects on the rest of your life. Let Weber Law’s experienced attorneys fight for you in court. If you or someone you know has been accused of stalking, contact Weber Law today for a consultation.

• Utah Code § 76-6-106.5, Stalking—Definitions—Injunction—Penalties—Duties of law enforcement officer
• Utah Code § 78B-7-701, Ex parte civil stalking injunction – civil stalking injunction
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-203, Felony conviction—indeterminate term of imprisonment
• Utah Code § 76-3-301, fines of individuals