Stalking can lead to serious consequences in South Carolina, and defendants who face these charges should take them seriously. If you face stalking charges, you might not even understand the exact legal definition of this offense in South Carolina. What are the consequences if a court convicts you? What are your chances of a positive outcome, and how can a criminal defense attorney in Greenville, SC, help you?
How a Greenville Stalking Defense Attorney Can Help You
A stalking defense attorney can help you navigate the initial hours and days following your arrest. During this time, it is all too easy to make mistakes that can lead to serious legal issues. For example, many defendants mistakenly participate in police interviews and provide self-incriminating statements. You have the right to remain silent, and the court cannot interpret your silence as a sign of guilt.
You also have the right to meet with your attorney within a reasonable amount of time after your arrest. During this meeting, you can discuss the details of your stalking charges. You can speak freely during this meeting thanks to “attorney-client privilege.” This rule prevents your attorney from repeating anything you tell them in private, even if you admit to committing a crime in the past.
From there, your lawyer should defend you to the best of their abilities. This might involve negotiating with prosecutors on your behalf or representing you during a trial.
How South Carolina Law Defines Stalking and Harassment
South Carolina uses the terms “harassment” and “stalking.” Under South Carolina law, a person is guilty of harassment in the first degree if they unreasonably intrude into the private life of another person and cause them to suffer mental or emotional distress.
Examples of harassment in the second degree include following a person around, making repeated, unwanted contact with a person, watching someone at their residence, workplace, or school, or causing property damage.
In contrast, stalking involves communicating with a victim in a way that makes them fear death, assault, bodily injury, criminal sexual contact, kidnapping, or property damage to themselves or a family member. In other words, stalking involves threats. Note that stalking may involve electronic communications, such as social media posts or direct messages.
Penalties for Stalking Charges
Stalking or harassment is a felony in South Carolina and can result in up to 5 years in prison. The penalties for this offense can be even more severe if you have prior stalking convictions on your record.
Talk to Our Experienced Stalking Defense Attorney
The definition of stalking in South Carolina is broader than many people realize, and it may include online activities. The consequences of a stalking conviction can also be more severe than many realize, highlighting the need to work with an experienced defense attorney. Call Beasley Tomlinson Law today at 864-712-4282 or contact us online to discuss the next steps in more detail.