Michigan Criminal Attorney Blog

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.

With the increasing modes of electronic communication available, charges of stalking are on the rise. In Michigan, misdemeanor stalking means a series of two or more separate noncontinuous acts involving harassment of another that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested and actually causes the victim to feel that way. MCL 750.411h.

The 2 or more acts must be unconsented contact and may include any of the following:

• appearing within the sight of the victim;


• visiting the individual's workplace or residence;


• contacting the victim by telephone;


• sending mail and electronic communication to the individual.

If convicted of basic misdemeanor stalking, the penalty can be imprisonment for up to 1 year and/or a fine not to exceed $1,000.00. The punishment can increase significantly if the victim is a minor and there is a 5 year age gap. These facts turn the acts into a felony punishable by 5 years in prison and a fine up to $10,000.00. Misdemeanor stalking convictions can include a 5 year term of probation and court-ordered psychiatric treatment or evaluation. With texting, Facebook, Myspace, email and instant messaging, this crime can be quickly committed. Of course, as with all criminal matters, there are available defenses.

If you are charged with any type of stalking, immediately refrain from all contact with the alleged victim. Next, contact a Michigan criminal defense attorney. Your first inclination might be to explain to the police how this is just one big misunderstanding. Fight this urge to tell the authorities your side of the story. Your initial explanation should be to your lawyer. Save all of the allegedly offending communications (texts, emails, etc.) and provide a copy to your attorney. While this may seem like a petty complaint by a former friend or ex, law enforcement and the courts take it very seriously.