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720 ILCS 5/12-7.4

Aggravated Stalking

 

  • Class 3 Felony
  • 2-5 years in prison
  • Fine up to $25,000
  • Call for more details

 

Understanding Aggravated Stalking in Illinois

Aggravated stalking is a more severe form of stalking that involves additional factors or circumstances that elevate the seriousness of the crime. In Illinois, this offense is treated with particular gravity due to its potential to cause significant harm or distress to the victim. A conviction for aggravated stalking can result in harsh penalties, including extended prison sentences, substantial fines, and a permanent criminal record.

 

What Constitutes Aggravated Stalking in Illinois?

Under Illinois law, aggravated stalking is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/12-7.4. The offense occurs when an individual commits the crime of stalking, as defined under 720 ILCS 5/12-7.3, and one or more of the following aggravating factors are present:

 

  • Use of a Dangerous Weapon: The stalker uses or threatens to use a dangerous weapon during the course of the stalking.
  • Violation of a Protective Order: The stalking occurs in violation of an existing order of protection, such as a restraining order or no-contact order.
  • Previous Conviction: The stalker has been previously convicted of stalking or aggravated stalking.
  • Causing Bodily Harm: The stalker’s actions result in physical harm to the victim.

Examples of Aggravated Stalking Under 720 ILCS 5/12-7.4

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

 

  1. Stalking with a Weapon
    • Statute: 720 ILCS 5/12-7.4(a)
    • Description: Following or harassing someone while armed with a dangerous weapon, such as a firearm or knife, which escalates the seriousness of the crime.
  2. Stalking in Violation of a Protective Order
    • Statute: 720 ILCS 5/12-7.4(b)
    • Description: Continuing to stalk a victim despite the existence of a protective order that prohibits any contact or proximity to the victim.
  3. Causing Bodily Harm During Stalking
    • Statute: 720 ILCS 5/12-7.4(c)
    • Description: Engaging in stalking behavior that ultimately leads to physical harm or injury to the victim, significantly increasing the severity of the charges.

Penalties for Aggravated Stalking in Illinois

Aggravated stalking is classified as a more serious felony offense than regular stalking, and the penalties reflect the increased severity. The penalties can include:

 

  • Class 3 Felony:
    • 2 to 5 years in prison
    • Fines of up to $25,000
    • Possible extended probation or conditional discharge
  • Class 2 Felony (For Repeat Offenders or Severe Cases):
    • 3 to 7 years in prison
    • Fines up to $25,000
    • Enhanced sentencing if the stalking involved a violation of a protective order or resulted in serious bodily harm

In addition to these legal penalties, a conviction for aggravated stalking can result in a permanent criminal record, which can have long-lasting impacts on employment, housing, and personal relationships.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of aggravated stalking is an overwhelming experience, given the seriousness of the charges and the potential consequences. Here’s why Andrew M. Weisberg is the defense attorney you need:

  • Expertise in Defending Serious Criminal Charges: Andrew M. Weisberg has a wealth of experience defending clients against serious criminal charges, including aggravated stalking. His background as a former Cook County prosecutor provides him with a unique perspective on how these cases are prosecuted, allowing him to develop a robust defense strategy that challenges the prosecution’s case at every turn.
  • Strategic and Tailored Defense: Aggravated stalking cases often involve complex legal issues and significant evidence. Mr. Weisberg meticulously analyzes every detail of your case, identifying weaknesses in the prosecution’s evidence and crafting a defense strategy that is specifically tailored to your situation.
  • Aggressive Representation in Court: Mr. Weisberg is known for his aggressive and effective courtroom advocacy. He challenges the prosecution’s evidence, cross-examines witnesses, and works tirelessly to secure the best possible outcome, whether that means reducing the charges, negotiating a favorable plea, or achieving an acquittal at trial.
  • Compassionate and Confidential Client Support: Facing charges of aggravated stalking can be emotionally and mentally challenging. 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 kept informed and supported every step of the way.

When you are facing charges for aggravated 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 aggravated stalking case and learn how he can help protect your rights and fight for the best possible outcome.