Stalk and intimidate is often charged as a domestic or personal violence offence. As a result, the court process can feel overwhelming. It is important you feel confident in your legal representation. Our experienced criminal lawyers are here to help.
Stalk and Intimidate Sentence
That maximum penalty is 5 years imprisonment in NSW. However, this offence usually finalises in the Local Court. Therefore, the maximum penalty is 2 years imprisonment.
If this offence occurs within a domestic context, it will be charged as a domestic violence offence and be associated by an Apprehended Domestic Violence Order (AVO).
Will I get a criminal record?
Yes, a criminal conviction is likely, particularly if the offence is domestic violence related.
However, it’s possible to avoid a criminal conviction. As a result, a conditional release order would be imposed. This outcome will depend on the circumstances of the offence, and your subjective circumstances.
Will I go to jail?
It’s possible to go to jail, particularly if the offence occurs in the context of breaching an existing AVO.
However, most first time offenders or those with a limited criminal record will not receive full time imprisonment for this offence.
If I defend the charge, what must be proved?
The prosecution must prove beyond reasonable doubt that you:
1. Stalked or intimidated another person (or attempted to),
2. You knew your conduct was likely to cause fear or physical or mental harm to the other person
Therefore, you will be found not guilty if the prosecution is unable to prove these elements.
However, it’s important to note that the prosecution does not need to prove that the victim was actually fearful. The focus is on whether the accused person knew their conduct was likely to cause fear to the victim.
We can help
Our lawyers are experts in representing offenders charged with criminal offences.
We can help you:
- Defend the charge
- Negotiate with police to withdraw the charge or amend the police facts
- Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.
Contact us today on 0421 700 497 for a free initial consultation.
