The criminal penalty upon conviction for the crime of Stalking is imprisonment in the House of Corrections for up to 2.5 years, or state prison up to 5 years. A conviction for the crime of stalking where a 'stay away' or Restraining Order is in effect is punishable with a minimum-mandatory sentence of not less than 1 year, and up to 5 years in state prison.
In order to be convicted of the crime of Stalking, the prosecutor is required to prove, beyond a reasonable doubt:
- That over a period of time the defendant knowingly engaged in a pattern of conduct or series of acts, involving at least three incidents, directed at a specific person;
- That those acts were of a kind that would cause a reasonable person to suffer substantial emotional distress;
- That those acts did cause that person to become seriously alarmed or annoyed;
- That the defendant took those actions willfully and maliciously; and
- That the defendant also made a threat with the intention of placing that person in imminent fear of death or bodily injury.
To schedule a Free Consultation with Attorney Lefteris K. Travayiakis to discuss your criminal case, Contact Us Online or call 617-325-9500.