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Michigan Stalking Defense Lawyer

What is the Michigan Stalking Law MCL 750.411h?

MCL 750.411h

A Stalking Charge in Michigan is a criminal charge, and it is more serious than you may realize. If you are convicted, Stalking is punishable by imprisonment for not more than 1 year (more if the charge is Aggravated Stalking). You can do up to 5 years in Prison if the alleged victim is a minor and you are 5 or more years older.

DO NOT SPEAK TO THE POLICE! Talk with an attorney about your charges - immediately! More than anything, your own words can get you convicted of Stalking. Police may twist your words, misrepresent you, and "lose" video and audio evidence of your statements. Even where you are repeatedly denying the Stalking Charges, you may put yourself at the scene of the crime or unintentionally help prove the case against you.

If you find yourself facing these very serious charges, the State Prosecutor is going to come after you full-force. Prain Law, PLLC, is a Criminal Defense firm that centers its focus specifically on defending those accused of crimes involving some element of assault, including Stalking charges under MCL 750.411h.

What are Stalking Charges in Michigan? How is Stalking defined?

The Michigan Stalking Law, (MCL750.411(h), states:
(1) As used in this Section:
(a) “Course of conduct” means a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.
(b) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.
(c) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.
(d) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(e) “Unconsented contact” means any contact with another individual that is initiated or continued without that individual's consent or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:
(i) Following or appearing within the sight of that individual.
(ii) Approaching or confronting that individual in a public place or on private property. (iii) Appearing at that individual's workplace or residence.
(iv) Entering onto or remaining on property owned, leased, or occupied by that individual.
(v) Contacting that individual by telephone.
(vi) Sending mail or electronic communications to that individual.
(vii) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.
(f) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(2) An individual who engages in stalking is guilty of a crime as follows:
(a) Except as provided in subdivision (b), this misdemeanor is punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (b) If the victim was less than 18 years of age at any time during the individual's course of conduct and the individual is 5 or more years older than the victim, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.
(3) The court may place an individual convicted of violating this section on probation for a term of not more than 5 years. If a term of probation is ordered, the court may, in addition to any other lawful condition of probation, order the defendant to do any of the following:
(a) Refrain from stalking any individual during the term of probation.
(b) Refrain from having any contact with the victim of the offense.
(c) Be evaluated to determine the need for psychiatric, psychological, or social counseling and if, determined appropriate by the court, to receive psychiatric, psychological, or social counseling at his or her own expense.
(4) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the same or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, gives rise to a rebuttable presumption that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(5) A criminal penalty provided for under this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct."

Elements the Prosecution must prove to be convicted of Stalking in Michigan.

The Michigan Stalking law can be confusing. To get a clear picture of what the Prosecution must prove to convict you, we need to look at the Michigan Stalking Jury Instruction (M Crim JI 16.4b). Here are the elements of Michigan Stalking charges. The Prosecution must prove each of the following beyond and to the exclusion of every reasonable doubt.

  • First, that you committed two or more willful, separate, and noncontinuous acts of unconsented contact with the victim.
  • Second, that the contact would cause a reasonable individual to suffer emotional distress (the "objective" test).
  • Third, that the contact actually caused the victim to suffer emotional distress (the "subjective" test).
  • Fourth, that the contact would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested (another "objective" test).
  • Fifth, that the contact actually caused the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested (another "subjective" test).

Does the Holmes Youthful Trainee Act ("HYTA") apply to Stalking Charges?

Those who are convicted of Stalking Charges may be eligible forHYTA.

The Michigan Holmes Youthful Trainee Act, MCL 762.11, allows a person between age 17 and 20 to avoid being "convicted" and having a permanent record. To discuss your qualification for this option, if you are between age 17 and 20, contact a Michigan criminal defense attorney.

What is the Sentence for Stalking Charges?

If convicted of Stalking in Michigan, you could go to Jail for up to 1 year, or even Prison for up to 5 years if the alleged victim is a minor and you are 5 or more years older than them. Prosecutors and Judges take Stalking very seriously, and if you are convicted, incarceration is a real possibility.

Whether or not you go to Jail or Prison, you will also be placed on Probation for up to 5 years (most Misdemeanors only carry up to 2 years Probation). From the moment you are arrested and charged, the Court may order you to wear a restrictive GPS Tether (at a cost of upwards of $500.00 per month) and undergo intrusive psychological evaluation.

As awful as the thought of this is, you must remain focused on defending yourself against the charges by hiring the right Michigan domestic violence lawyer.

What is Stalking vs. Aggravated Stalking In Michigan?

Stalking and Aggravated Stalking laws in Michigan are harsh. Stalking is a serious crime in Michigan. If you are convicted of a Stalking crime, the law assumes that you have mental problems and violent and obsessive tendencies. There are two Stalking crimes: Stalking, a Misdemeanor punishable by up to 1 year in Jail, and Aggravated Stalking, a Felony punishable by up to either 5 or 10 years in Prison, depending on the circumstances. All it takes is two or more instances of "unconsented contact." Even sending flowers can leave you facing a Stalking charge. At Prain Law, PLLC, we aggressively defend those facing Stalking charges.

Stalking

  • The Law: MCL 750.411h
  • Penalty: 1 year in Jail and/or $1000.00 fine, or 5 years in Prison and a $10,000.00 fine (depending on circumstances)

Aggravated Stalking

  • The Law: MCL 750.411i
  • Penalty: 5 years in Prison and/or $10,000.00 fine, or 10 years in Prison and a $15,000.00 fine (depending on circumstances)

Find an Attorney

Facing a Stalking charge? Call Michigan domestic violence lawyer Brian J. Prain of Prain Law, PLLC. We make it our business to defend those accused of Michigan Stalking crimes. Call us anytime at (248) 731-4543. Contact us via email here.

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At Prain Law, PLLC, we are comprised of individuals who are committed to protecting and promoting the rights of our clients, no matter how challenging the particular situation may be. No matter the extent of your concern, you can rest assured out Michigan domestic violence attorney is ready to go above and beyond on your behalf. Allow us to be your trusted advocate during this challenging time.

If you are interested in scheduling an initial consultation with a member of our legal team, please don’t hesitate to contact us at your earliest convenience by calling (248) 731-4543. Interested in reaching us but unable to speak on the phone? Use our Contact Form.

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