SouthWest Washington Attorney for Cyberstalking Charges
The explosion of social media and online dating sites has revolutionized the way Americans meet each other, and the ways that Americans argue and fight with each other. The Internet is a tempting tool when you are angry at someone, or when you just want to know what a person is doing in their life. It is also a way to harass, intimidate and annoy a person, through any number of ways. These temptations are especially difficult for recently separated lovers and teenagers, and we see a fair number of these people in our office after that have gone a little too far on the Internet. Cyberstalking is a serious crime, and if you have been accused of this crime you need an experienced and aggressive attorney to represent you.
Internet stalking involves sending someone emails or hacking into his or her computer with the intent to harass and stalk him or her. If a restraining order is in place, contacting someone through email constitutes communication with him or her and may be deemed a violation of a restraining order. Even if that restraining order was issued in another state, under the Violence Against Women Act and the full faith and credit provisions of the Constitution, a protection order issued in one state must be enforced in another state. As such, if an email is sent to someone living in a different state that has a protection order against you, you can still be prosecuted for violating the terms of the protection order.
What Constitutes Cyberstalking
What constitutes internet or cyberstalking is not always clear. Disputes after a divorce or disagreements between friends or former business partners may be carried out over the internet. Just because one person claims they’re being harassed doesn’t mean it’s true. Under Washington law cyberstalking is when a person intends to harass, intimidate, torment or embarrass another person, and in order to do that makes an electronic communication (email, text, chat, etc.) to that person, either (1) using lewd, indecent or obscene words or images or language, or (2)anonymously and repeatedly whether or not a conversation occurs, or (3) threatening to inflict injury on the person or their property or any ember of their family or household. Cyberstalking is a gross misdemeanor punishable by up to a year in jail for a first offense, but if it involves threats to kill another person or if the person has a prior conviction for harassing the same victim in the past, it is a Class C felony punishable by up to five years in jail. Cybertalking is also one of the few misdemeanor offenses that require a person convicted to provide a DNA sample for future identification purposes.
If you are accused of Cyberstalking it is important that all of the facts are known. The Law Office of Erin Bradley McAleer thoroughly investigates the circumstances surrounding allegations of internet stalking in order to tell our client’s side of the story and expose the facts.
Domestic Violence allegations bring special problems for a defendant. A person can lose his or her gun rights even for a misdemeanor conviction of Assault Domestic Violence. Additionally, mandatory arrest rules often mean the accused is incarcerated even before formal charges are levied. Many times the assault charge is coupled with another allegation of Malicious Mischief, Interfering with the Reporting of a Domestic Violence Crime, Trespass, Harassment, Stalking, or Violation of a Protection Order, Restraining Order, or No – Contact Order.
The Law Office of Erin Bradley McAleer will fight to ensure that you achieve the best possible outcome in your court case. Call attorney Erin Bradley McAleer today at (360) 334-6277 to schedule a free, confidential consultation.
Washington Attorney Erin Bradley McAleer represents clients throughout Southwest Washington State, including in Clark County, Cowlitz County, and Skamania County and Vancouver, Battle Ground, Camas, La Center, Ridgefield, Washougal, Woodland, Yacolt, Castle Rock, Kalama, Kelso, Longview, North Bonneville, and Stevenson. Attorney Erin Bradley McAleer focuses on the areas of Criminal Defense, Traffic Infractions, Landlord Tenant, Personal Injury, Firearm Rights Restoration, and Post-Conviction Relief (Vacating & Sealing Criminal Records).