Stalking can be a felony or a gross misdemeanor in Washington State. It is similar to the charge of harassment and it is not uncommon for both charges to be filed.
Stalking charges are frequently the result of a misunderstanding or a vindictive accuser. WA State law does not require the victim to tell you that your behavior is threatening or unwanted. This results in stalking charges that are often unfair and surprising to the accused person.
Domestic Violence Stalking
If you have a current or past romantic relationship with the accuser, a domestic relationship will be established and the charge will have a domestic violence (DV) designation. Although violence is in the name, there does not need to be accusations of physical violence. A domestic violence stalking conviction will result in the loss of firearm rights.
Misdemeanor Stalking Definition & Penalties (RCW 9A.46.110)
Stalking accusations in Washington State can sometimes be difficult to prove, but the stakes are high and only a criminal defense attorney should tell your side of the story. A stalking charge is a gross misdemeanor that is punishable by up to 364 days in jail, a $5000 fine, and court ordered probation.
To meet the definition of stalking, there needs to be evidence of the below circumstances:
- The harassment or following was intentional and occurred more than one time AND
- The victim had a reasonable fear that the defendant intended to injure them or damage their property AND
- The defendant knew or should have known that their behavior would create fear, intimidation or harassment, even if this was not their intent.
Felony Stalking Definition & Penalties (RCW 9A.46.110)
Felony stalking charges are a Class C felony, punishable by up to 5 years in jail and a $10,000 fine. Felony stalking charges will be filed if the above gross misdemeanor conditions are met AND the following applies:
- There has been a prior conviction for harassing the victim or a member of the victim’s family or household.
- The stalking violates a protection order that protects the victim.
- The defendant has a prior conviction for stalking another person.
- The defendant was in possession of a deadly weapon during the stalking.
- The victim’s job is related to the legal system and the stalking was done in retaliation for an act done while in the official capacity of job duties.
- The victim is a witness in a court proceeding and the stalking was done in retaliation for witness testimony.
What to do after the Arrest
If you are accused of stalking in Washington State, it is a good idea to stop all contact and communication with the accuser. Voicemail, text messages, email, and other types of communication can be easily taken out of context and used against you in court. Additionally, a No Contact Order is normally issued by the court as a condition of release after an arrest for stalking.
If the accuser changes their mind and no longer wants the defendant to be prosecuted, the prosecutor will likely not drop the stalking charges. Additionally, the State can require witnesses to testify with a court order.
It is important that you exercise your right to remain silent by not talking to the police or investigators. A criminal defense attorney with a proven track record should be contacted immediately. The sooner your attorney can begin negotiations, the more likely it is that you can avoid jail time and other unpleasant circumstances that result from the criminal justice system.
How to Avoid a Conviction
The evidence used to prosecute stalking charges can almost always be challenged. For example, a skilled criminal lawyer can make it difficult for the Washington State court to prove that you repeatedly followed or harassed the accuser in a way that would be considered harmful.
Beckwith DV Law fights stalking, harassment, & domestic violence accusations in King, Pierce, Snohomish, Thurston, & Kitsap County, including the courts of Seattle, Bellevue, Everett, Tacoma, & Olympia, Washington.
You can contact us today for a free consultation.