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Omaha Stalking Defense Lawyers


Dedicated Criminal Defense Against Stalking Charges

Stalking is the unwelcome surveillance of another. It involves behavior that makes the other person feel unsafe and is a criminal offense. Under Nebraska law, stalking is defined as follows: “Any person who willfully harasses another person or a family or household member of such person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking.” The law also states, “Harass means to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose;” at NRS 28-311.02.

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Penalties for Stalking in Nebraska

When there are no aggravating circumstances, stalking is a Class I misdemeanor. Upon conviction, it carries up to a year in jail and/or a fine of up to $1,000. If any of certain aggravating circumstances are present, stalking can be charged as a Class IIIA felony, punishable by a maximum of three years in prison and/or a fine of up to $10,000. Those circumstances are:

  • Prior conviction of stalking or a “substantially conforming criminal violation” (substantially similar to stalking) within the past seven years
  • Victim under the age of 16
  • Possession of a deadly weapon at any time during the commission of the offense
  • Violation of a protection order
  • Prior felony conviction

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What May Be Considered Stalking

Stalking is often associated with domestic violence. Examples of behavior that may be considered stalking include:

  • Showing up at an ex-spouse’s place of business more than once to intimidate him or her
  • Hanging out around a person’s residence or place of employment
  • Sending someone unwanted items
  • Damaging or threatening to destroy an individual’s personal property
  • Threatening physical harm to a person or that person’s loved ones
  • Causing actual physical harm to a person or his or her loved ones
  • Harming a person’s pet
  • Monitoring another person’s technology use
  • Sending unwanted text messages or emails or leaving voicemails repeatedly
  • Following another person around
  • Breaking into a person’s car

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Legal Defenses Against Stalking Charges

Stalking is a serious crime that can be charged as a misdemeanor or as a felony. Legal defenses employed by our Omaha criminal defense attorneys will depend on the specific circumstances in your case. Common defenses against stalking charges include the following:

  • The prosecution failed to prove every element of the crime beyond a reasonable doubt.
  • The alleged victim lied about what occurred.
  • The victim mistakenly identified you as the offender.
  • The alleged victim has an ulterior motive, such as revenge for a breakup, to falsely accuse you.
  • A reasonable person would not have become fearful after receiving the threat.
  • The threat could not be reasonably or realistically executed.
  • The threat was determined not to be credible.
  • You were exercising your right of free speech.

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What to Do If You Are Accused of Stalking in Nebraska

If you have been charged with stalking, contact an experienced criminal defense lawyer as soon as possible. Stalking is a serious offense, and conviction could significantly impact your future. It is important that you do not contact the accuser once charges have been filed. Exercise your right to remain silent and your right to an attorney – consult with a lawyer before you talk to law enforcement.

At Bottlinger Law L.L.C., our Omaha criminal defense attorneys understand that you deserve strong representation to protect your future. We use all our knowledge, skills, and resources to build the best possible defense against your charges. If you have been accused of stalking, call us today at (402) 505-8234 to schedule a free consultation. We can advise you of your options under the law.

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