FREE CASE REVIEW


720 ILCS 5/12-7.3

Stalking

 

  • Class 4 Felony
  • 1-3 years in prison
  • Fine up to $25,000
  • Call for more details

 

 

Understanding Stalking in Illinois

Stalking is a serious criminal offense in Illinois that involves repeatedly following, harassing, or threatening someone, causing them to fear for their safety or the safety of others. Illinois law takes stalking charges very seriously, and a conviction can result in severe penalties, including jail time, fines, and a permanent criminal record. Understanding the legal definition of stalking and the potential consequences is essential if you are facing these charges.

 

What Constitutes Stalking in Illinois?

Under Illinois law, stalking is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/12-7.3. The offense occurs when an individual knowingly engages in a course of conduct directed at a specific person, and that conduct would cause a reasonable person to:

 

  • Fear for their safety: The victim must reasonably believe that they or someone else is in danger due to the stalker’s actions.
  • Suffer emotional distress: The victim experiences significant emotional suffering as a result of the stalker’s behavior.

Key elements of stalking include:

 

  • Repeated Behavior: Stalking typically involves repeated actions, such as following, monitoring, or communicating with the victim, either directly or indirectly.
  • Intent to Harass or Intimidate: The stalker’s actions are intended to harass, intimidate, or cause distress to the victim.
  • No Legitimate Purpose: The actions must have no legitimate reason or legal justification.

Examples of Stalking Under 720 ILCS 5/12-7.3

Here are specific examples of stalking as defined under Illinois law:

 

  1. Repeatedly Following Someone
    • Statute: 720 ILCS 5/12-7.3(a)
    • Description: Persistently following someone to their home, workplace, or other locations, causing them to fear for their safety.
  2. Sending Threatening Messages
    • Statute: 720 ILCS 5/12-7.3(a)
    • Description: Sending repeated, unsolicited messages via text, email, or social media that threaten harm or cause significant distress.
  3. Unwanted Surveillance
    • Statute: 720 ILCS 5/12-7.3(a)
    • Description: Continuously monitoring someone’s movements or activities without their knowledge or consent, leading to fear or anxiety.

Penalties for Stalking in Illinois

Stalking is typically classified as a Class 4 felony in Illinois, but the charges can be elevated depending on the severity of the actions and the stalker’s criminal history. The penalties can include:

 

  • Class 4 Felony:
    • 1 to 3 years in prison
    • Fines of up to $25,000
    • Potential for extended probation or conditional discharge
  • Class 3 Felony (Aggravated Stalking):
    • 2 to 5 years in prison
    • Fines up to $25,000
    • Additional penalties if the stalking involved a violation of a protective order or other aggravating factors

In addition to these legal penalties, a conviction for stalking can result in a permanent criminal record, which can affect employment opportunities, housing, and personal relationships.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of stalking can be overwhelming, especially given the potential consequences of a conviction. Here’s why Andrew M. Weisberg is the defense attorney you need:

 

  • Proven Expertise in Criminal Defense: Andrew M. Weisberg has extensive experience defending clients against a wide range of criminal charges, including stalking. His background as a former Cook County prosecutor provides him with a deep understanding of how these cases are prosecuted, enabling him to develop effective defense strategies that challenge the prosecution’s evidence.
  • Strategic and Personalized Defense: Each stalking case is unique, with its own set of circumstances and challenges. Mr. Weisberg meticulously examines the details of your case, identifying any weaknesses in the prosecution’s evidence and crafting a defense strategy tailored to your specific situation.
  • Aggressive Courtroom Advocacy: Known for his aggressive courtroom advocacy, Mr. Weisberg is a strong defender of his clients’ rights. He challenges the prosecution’s evidence, cross-examines witnesses, and works tirelessly to secure a favorable outcome, whether through negotiation, reduction of charges, or acquittal.
  • Compassionate and Confidential Client Support: Facing criminal charges can be stressful, but Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that your case is handled with discretion and that you are fully informed and supported every step of the way.

When you are facing charges for stalking, the quality of your defense is crucial. Andrew M. Weisberg’s extensive experience, strategic defense planning, and commitment to his clients make him the right choice to defend your rights and your future.

 

Contact Andrew M. Weisberg today for a free consultation to discuss your stalking case and learn how he can help protect your rights and fight for the best possible outcome.