In a previous post, we discussed basic misdemeanor stalking in Michigan. If certain elements are met, the charge may increase to aggravated, or felony stalking. Because it is a felony, it carries enhanced penalties including up to 5 years in prison and a fine of $10,000.00. Aggravated stalking includes the typical definition of a willful course of conduct involving repeated harassment of another that would cause that individual to feel terrorized, frightened, intimidated, threatened, harassed or molested. The course of conduct is a pattern involving 2 or more instances of contact. The contact can take many forms, the most common being visiting a person's home or workplace or contacting the person by phone or email. 
What makes stalking a felony is when the alleged stalking violates a restraining order, injunction, condition of probation or parole. It can also become a felony if a credible threat is made against the victim or the victim's family. A threat is called credible if it includes a threat to kill or seriously injure another and importantly, that causes the purported victim to reasonably fear for his or her safety. This excludes a joking claim that you are going to "kill" your friend for eating the last brownie at a party.
The penalty can increase to a 10 year prison term if the victim is less than 18 years of age and the alleged stalker is 5 or more years older than the victim.
Felony stalking is a very serious matter, with the real likelihood that the prosecution will seek a significant term behind bars. If you or someone you know is charged with this crime, get help from a Michigan criminal defense attorney immediately.
Aggravated Stalking in Michigan
January 13, 2010
