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Violent Crimes

Phoenix Stalking Defense Attorney

Stalking is a nuanced and often misunderstood aspect of Arizona's violent crime laws. At Feldman & Royle, our Phoenix stalking defense lawyer provide clarity and expert legal guidance for those facing stalking charges. Our deep understanding of the law, combined with a commitment to protecting your rights, ensures a comprehensive defense strategy tailored to the unique circumstances of each case. Whether it's addressing cyberstalking complexities or challenging the basis of stalking allegations, we stand ready to navigate these challenging legal waters with you.
Understand 

Understanding Stalking in Arizona Law

Stalking is a serious and complex offense in Arizona, characterized by behaviors that instill fear or emotional distress in victims. This crime can encompass a range of actions, from physical surveillance to repeated unwanted communications, and is treated with utmost seriousness under Arizona law. Given the severe implications of stalking charges, comprehending the legal landscape and knowing your rights is crucial for anyone facing such accusations.

Stalking under Arizona Law: ARS 13-2923

Stalking in Arizona, as defined under A.R.S. § 13-2923, involves engaging in a course of conduct that causes another person to fear for their safety or the safety of their immediate family members. This can include following the victim, repeated unwanted communications, or any behavior that reasonably causes fear. In the digital age, cyberstalking has become increasingly prevalent, involving the use of electronic communication to harass or threaten individuals.

Know Your Rights

Your Rights in Arizona Stalking Charges

If you’re accused of stalking charges in Phoenix, it’s essential to understand your rights. You have the right to a stalking defense attorney, and seeking legal counsel experienced in Arizona’s violent crime laws is crucial. It’s important to understand how protection orders work and what they mean if one is issued against you. Remember, you are entitled to due process under the law, which includes the right to present your side of the story and to confront witnesses.

Penalties for Stalking Charges in Arizona

Arizona divides stalking into two main categories depending on the alleged impact on the victim. Each carries very different consequences.

1. Stalking That Causes Fear of Injury or Emotional Distress

If the state claims the defendant’s conduct caused the alleged victim to feel threatened, intimidated, or emotionally distressed without claiming fear of death or serious injury the charge is typically a Class 5 felony.

Potential Penalties:

  • 6 months to 2.5 years in prison
  • Up to 3 years of probation
  • Fines up to $150,000 (plus surcharges)
  • Mandatory protective orders
  • Required counseling or treatment programs

This level of stalking is still a serious felony and can create long-term consequences for employment, relationships, and firearm rights.

2. Stalking That Causes Fear of Death or Serious Bodily Harm

If prosecutors allege the victim feared death or significant physical injury, the charge becomes a Class 3 felony one of the most severe felonies outside violent crimes.

Potential Penalties:

  • 2.5 to 8.75 years in prison (or more with prior felony convictions)
  • Extended probation after release
  • Heavier fines and fees
  • Permanent criminal record for a serious felony

A Class 3 stalking conviction can also impact immigration status, professional licensing, firearm ownership, child custody disputes, and future background checks.

Aggravating Factors That Increase Stalking Penalties

Certain circumstances can increase the severity of your charges or enhance sentencing:

Common aggravators include:

  • Prior domestic violence convictions
  • Violations of an existing restraining/protective order
  • Use of a GPS tracker or sophisticated surveillance tools
  • Stalking involving a minor
  • A prior stalking conviction
  • Possession of a weapon during the alleged conduct

When these factors apply, prosecutors often seek the upper end of the sentencing range or push for consecutive charges.

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Defenses

Defense Against Arizona Stalking Charges

Every stalking case is different, but our experienced stalking defense lawyers in Arizona typically explore several proven strategies.

1. Lack of Intent

Prosecutors must prove that you intentionally or knowingly caused fear or distress. If your actions were misinterpreted or had innocent intent (e.g., trying to resolve a misunderstanding), this can form a strong defense.

2. Insufficient Evidence

Many stalking charges rely on text messages, social media posts, or witness testimony, all of which can be taken out of context. A Phoenix stalking defense attorney can challenge the accuracy, completeness, and interpretation of this evidence.

3. False Accusations or Exaggeration

Unfortunately, stalking allegations can be weaponized in personal disputes. If the accuser has motives such as jealousy, revenge, or legal advantage (like in custody cases), your defense can highlight these inconsistencies.

4. Lack of a Credible Threat

For felony-level charges, prosecutors must prove that the alleged victim had a reasonable fear for their safety. If no explicit threats were made or if the behavior didn’t justify genuine fear the case can weaken significantly.

5. Violation of Constitutional Rights

If law enforcement obtained digital or GPS evidence without a proper warrant, your stalking defense attorney in Arizona can challenge the admissibility of that evidence under Fourth Amendment protections.

Phoenix Stalking Defense Lawyer

When you’re facing Arizona stalking charges, having a skilled stalking defense attorney near you can make the difference between protecting your future and living with a life-changing conviction. At Feldman & Royle, our Phoenix criminal defense lawyers bring former-prosecutor insight and strategic defense tactics to every case. A dedicated stalking lawyer from our team will examine digital evidence, communication history, witness statements, and law-enforcement procedures to expose weaknesses in the state’s accusations. With a reputation as a leading stalking defense lawyer advocate in Phoenix, we focus on safeguarding your rights, preserving your reputation, and preventing the long-term consequences of a stalking charge. If you need immediate guidance, we offer a free consultation for Arizona stalking charges, giving you direct access to experienced violent crimes defense attorneys who know exactly how to defend these sensitive and complex cases.

Why Choose Feldman & Royle for Arizona Stalking Charges?

When you’re accused of stalking in Arizona, the impact is immediate. Your reputation, career, relationships, and freedom are suddenly at risk. In moments like these, the attorney you choose can change everything. At Feldman & Royle, our Arizona stalking defense lawyers combine deep prosecutorial insight with a strategic, client-focused approach that consistently delivers powerful results.

Here’s what makes us different:

  • Former Prosecutors Who Know the State’s Playbook

Stalking cases often rely on digital evidence, intent arguments, and emotional narratives. Because we’ve been on the other side, we know exactly how prosecutors build these cases and the weaknesses they don’t want you to see. Our defense lawyer for stalking uses this inside knowledge to dismantle the accusations piece by piece.

  • Early Intervention to Prevent the Case From Escalating

Before your situation worsens, we move fast. Whether it’s stopping charges from being filed, reducing the severity of allegations, or negotiating favorable outcomes early, our Phoenix stalking defense attorney’s proactive strategy often changes the trajectory of the case before it reaches a courtroom.

  • Detailed Analysis of Digital Evidence & Communication Records

Stalking accusations typically hinge on texts, calls, social media interactions, GPS data, or misunderstandings in communication. Our Phoenix stalking defense lawyers comb through every detail to uncover inconsistencies, context the state ignores, and evidence that can shift the narrative in your favor.

  • Aggressive Trial Readiness When You Need It Most

If your case goes to trial, you’ll have a defense team ready to challenge every assumption the state makes. We prepare as if every case is going to court because leverage leads to better outcomes. This approach often results in dismissals, acquittals, or significantly reduced charges.

  • Personalized, Discreet Representation

Stalking charges can be embarrassing, stressful, and deeply personal. We protect your privacy, your dignity, and your future through every stage of the process. You work directly with attorneys who understand what’s at stake and tailor a defense strategy around your story, not a one-size-fits-all template.

Our Past Results
Adam Feldman and Bret Royle, Criminal Defense Attorneys in Phoenix
FAQs

Frequently Asked Questions (FAQs)

Stalking involves engaging in behavior that causes another person to fear for their safety, including following, unwanted communications, or any intimidating behavior.

Yes, cyberstalking, which involves using electronic communication to harass or threaten, is recognized as stalking in Arizona.

Stalking is typically charged as a Class 5 felony in Arizona, with penalties including up to 2.5 years in prison for a first offense. Aggravating factors can lead to more severe charges and penalties.

Violating a protection order can lead to additional charges and is often seen as an aggravating factor in stalking cases.

Defenses include lack of intent, mistaken identity, challenging the sufficiency or legality of evidence, and disproving the alleged victim's claims.

Seek legal counsel immediately, comply with any protective orders, and avoid contact with the alleged victim.
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