New Stalking Law: Arizona’s SB 2419

According to the CDC, stalking is much more common than you might think, with 1 in 6 women and 1 in 17 men experiencing stalking.  In 2016, the Governor of Arizona signed HB 2419 into law, effectively amending the stalking laws in the state. These amendments have made it much easier for those who are engaging in stalking behaviors to be arrested and charged. The new stalking law significantly expanded the range of conduct that could be considered stalking, increasing the penalties as well.  In the wake of accusations of stalking charges in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately.

Prior to these changes, it was generally believed that if a person was not being physically followed and/or harassed by another person, then stalking was not occurring.  Stalking, however, can include verbal conduct, written threats, the use of digital, electronic, or wireless communications, or GPS surveillance. Prior to SB 2419, stalking was a civil offense, subject only to fines. Stalking in violation of A.R.S. 13-2923 is a criminal offense—a felony, in fact.

Why You Should Choose the Arizona Ciccarelli Law Offices for Your Stalking Charges 

Charges of stalking in the state of Arizona are extremely serious, requiring a highly experienced criminal defense attorney from the Ciccarelli Law Offices. If you have been charged with stalking, you may—understandably—be worried, anxious about your future, and even angry about the charges if you think they are unwarranted. The Ciccarelli Law Offices bring more than 100 combined years of national criminal defense experience to the table. 

We are 100 percent dedicated to representing you during this difficult time. We are always ready to fight for you to secure the best possible outcome. We are driven to serve, always treating our clients with respect and honesty and we have proven results. We have successfully represented more than 15,000 clients so whether you have been falsely accused or simply made an error in judgment, you need an experienced legal team that always has your back. 

Lee Ciccarelli has received the following accolades:

• Super Lawyer 
• Top 100 Trial Lawyer by the National Trial Lawyers Association 
• Ten Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys 
• A 10.0 rating by AVVO 
• One of the Top 100 Litigation Attorneys by the American Society of Legal Advocates 

At the Ciccarelli Law Offices, we understand you have choices, and we hope you will choose the Ciccarelli Law Offices for your Stalking defense. We are proven, aggressive, and compassionate. 

What are Arizona Stalking Laws?

Under Arizona’s stalking law (A.R.S. 13-2923), the stalking offense must involve a course of conduct, rather than a single incident.  The accused must have knowingly and intentionally directed their course of conduct at the alleged stalking victim and that conduct must have caused the other person to suffer emotional distress or to reasonably fear for his or her safety (or for the safety of an immediate family member). 

Stalking can include a reasonable fear on the part of the victim that his or her immediate family member, current or former romantic partner, or property will be harmed or damaged or that his or her domestic animal(s) or livestock will be harmed or killed. Stalking can also include someone with whom the victim regularly lives or has lived within the past six months prior to the last stalking incident. Stalking can occur not only in person, but also via phone, text message, email, or social media. 

As an example, if your ex repeatedly sends you text messages, emails, or social media messages that say “We are meant to be together—one way or another,” then this could be considered stalking, as a threat of harm is implied. Any type of visual or physical proximity to another person that is consistent or constant, or a written or verbal threat to a specific person over a period of time, or the use of electronic, digital, or GPS system to surveil a specific person are all examples of stalking in the state of Arizona. 

What Are the Penalties for Stalking?

Under SB 2419, stalking penalties were increased from a Class 5 felony to a Class 3 felony in certain cases. When A.R.S. 13-2923 is violated and the alleged victim was placed in fear of death or feared the death of an immediate family member, romantic partner, or former romantic partner, then stalking is charged as a Class 3 felony. 

In the state of Arizona, a Class 3 felony is punishable by up to seven years in prison. If, however, the alleged victim did not fear death, rather suffered emotional distress or feared for his or her safety or the safety of an immediate family member, romantic partner, former romantic partner, pet, or livestock, then stalking is charged as a Class 5 felony, which is punishable by up to four years in prison. 

What are Some Potential Defenses for Stalking? 

While the exact defense used in your case will depend on the circumstances and facts surrounding your charges, there are certain defenses that are more commonly used. Perhaps your specific acts were protected by the Constitution. It’s important to note that the Supreme Court has held that true threats are not protected by the 1st Amendment right to free speech. 

Your attorney could assert that your “victim’s” fear was not reasonable. You must have presented a course of conduct or behavior, presented threats, or had the intent to cause fear in the alleged victim. If the elements of intent as well as knowingly or willfully committing the crime of stalking were not in place, you may not be convicted of stalking.  

It is important that you obtain effective legal defense for your charges, as a conviction could result in prison time, not to mention all the issues that follow a felony conviction. Your rights and your future must be aggressively protected in order to ensure you do not end up with an entire litany of unintended consequences. 

Are You Facing Charges of Stalking? We Can Help! 

If you are facing charges of stalking, it is important to realize how serious and grave these charges truly are. You can face significant penalties and consequences if convicted and your reputation in your community may be damaged. You need an aggressive Arizona criminal defense lawyer on your side. At Ciccarelli Law Offices, our Arizona Criminal Defense lawyers have the experience and resources you need to fight these charges.

Call a Phoenix Stalking Attorney Today

If you or somebody you love is facing accusations or charges of Sex Crimes in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately. Not any attorney will do, and you likely need a team of Smart, Experienced, Aggressive, determined lawyers that fight back at sex crimes and discuss you or your loved one’s possible defenses and strategies.   Call now. Now is the time for action and the time for Lee Ciccarelli and his team.

Call a Phoenix Stalking Attorney Today

If you or somebody you love is facing accusations or charges of Sex Crimes in the greater Phoenix metro area, Maricopa County including but not limited to Chandler, Tempe, Scottsdale or Gilbert, you need to contact an attorney immediately. Not any attorney will do, and you likely need a team of Smart, Experienced, Aggressive, determined lawyers that fight back at sex crimes and discuss you or your loved one’s possible defenses and strategies.   Call now. Now is the time for action and the time for Lee Ciccarelli and his team.