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Aggressive. Experienced.
Skokie Criminal Defense Attorney
Former Cook County Felony Prosecutor
Aggravated Stalking
Aggravated Stalking Charges in Skokie, Illinois
Aggravated stalking is a serious criminal offense in Illinois, carrying severe penalties, including significant prison time, fines, and a permanent criminal record. If you are facing aggravated stalking charges in Skokie, it is crucial to understand the nature of these charges, the potential penalties, and the importance of securing experienced legal representation to protect your rights and future.
What Constitutes Aggravated Stalking?
Under Illinois law, specifically 720 ILCS 5/12-7.4, aggravated stalking occurs when an individual commits the crime of stalking, as defined by the law, and one or more aggravating factors are present. These factors can include:
Causing bodily harm: If the stalking behavior results in bodily harm to the victim.
Confinement or restraint: If the stalking involves the confinement or restraint of the victim.
Violation of an order of protection: If the stalking occurs in violation of a court-issued order of protection.
Penalties for Aggravated Stalking in Skokie
Aggravated stalking is classified as a more severe offense than stalking due to the presence of aggravating factors, and the penalties reflect this severity:
Class 3 Felony: Aggravated stalking is typically charged as a Class 3 felony. Penalties can include 2 to 5 years in prison and fines up to $25,000.
Class 2 Felony: If there are particularly severe circumstances or if the defendant has prior convictions for stalking or aggravated stalking, the charge can be elevated to a Class 2 felony, carrying penalties of 3 to 7 years in prison and fines up to $25,000.
Permanent criminal record: A conviction for aggravated stalking will result in a permanent criminal record, which can significantly impact your ability to find employment, secure housing, and maintain personal relationships.
Order of Protection: The victim may seek an order of protection, which can impose additional legal restrictions on your behavior and contact with the victim.
Defending Against Aggravated Stalking Charges in Skokie
Given the severe penalties associated with aggravated stalking charges, a strong defense is essential. Some potential defense strategies include:
Lack of intent: The prosecution must prove that you knowingly engaged in stalking behavior and that it led to the aggravating factors. If there was no intent to harm, the charges may be reduced or dismissed.
False accusations: In some cases, aggravated stalking charges may arise from false accusations, possibly motivated by personal conflicts or relationship issues. Demonstrating inconsistencies in the accuser’s story can be crucial in your defense.
Misinterpretation of behavior: Sometimes actions can be misinterpreted as stalking when they were not intended to cause fear or harm. Proving that the behavior was not threatening or harmful can be a valid defense.
Violation of rights: If your rights were violated during the investigation or arrest, such as through unlawful search and seizure, it may be possible to suppress key evidence, weakening the prosecution’s case.
Why Choose Andrew M. Weisberg as Your Skokie Aggravated Stalking Defense Attorney?
Andrew M. Weisberg is a highly experienced criminal defense attorney with a deep understanding of Illinois law and a proven track record of defending clients against charges like aggravated stalking in Skokie and throughout Cook County. His background as a former prosecutor provides him with unique insights into the prosecution’s strategies, enabling him to build a strong and effective defense tailored to your case.
Contact Andrew M. Weisberg for a free consultation today at (847) 350-1266 to discuss your case. With his dedication to protecting your rights and fighting for the best possible outcome, Andrew is the advocate you need in these challenging legal circumstances.
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