Natick Stalking Lawyer

What is Stalking Under Massachusetts Law?

Massachusetts law defines stalking under General Laws Chapter 265, Section 43, as:

• Willful and malicious conduct directed at a specific person.
• Repeated actions (at least three separate incidents) over a period of time.
• Directed at a person that seriously annoys or alarms and causes a reasonable person to suffer fear, intimidation, or emotional distress.
• And makes a threat with the intent to place the person in imminent fear of death or bodily injury.
• Can include in-person following, phone calls, texts, emails, or social media activity.

Stalking is a felony offense, meaning a conviction can result in serious criminal penalties.

Penalties for Stalking in Massachusetts

A conviction for stalking in Natick can lead to:

First Offense (Felony)

• Up to 5 years in state prison or up to 2.5 years in county jail
• Fines up to $1,000
• Possible restraining orders and probation

If Stalking Involves a Violation of a Restraining Order

• Mandatory minimum of 1 year in jail

Subsequent Offenses

• Mandatory minimum of 2 years in prison
• Up to 10 years in state prison

Additionally, a stalking conviction can permanently impact your reputation, employment opportunities, and ability to pass background checks.

Cyberstalking and Online Harassment

Stalking does not have to involve physical following—Massachusetts law criminalizes:

• Repeated emails, text messages, or social media interactions that cause fear or distress.
• Use of tracking devices or spyware to monitor someone's location or online activity.
• Threatening messages or online intimidation tactics.

Beginning September 18, 2024, Massachusetts law will explicitly criminalize image-based sexual assault, commonly referred to as "revenge porn." This law is designed to protect individuals from the non-consensual distribution of intimate images, a serious violation of privacy that can have devastating personal and professional consequences.

While stalking charges often involve repeated harassment, threats, or intimidation, the unauthorized sharing of intimate images can also be considered a form of harassment or stalking, especially when used to control, intimidate, or retaliate against a victim.

Potential Legal Consequences of Image-Based Sexual Assault:

• Criminal charges leading to fines and possible imprisonment.
• Civil liability, including lawsuits for emotional distress and damages.
• Protective orders restricting the offender's actions.

With the rise of digital communication, cyberstalking charges are becoming more common. Defending against these charges requires an experienced legal team that understands digital evidence and online privacy laws.

General Harassment – Criminal Harassment Laws in Massachusetts

Under Massachusetts General Laws Chapter 265, Section 43A, criminal harassment is a lesser-included misdemeanor offense of stalking. While it does not require a direct threat like stalking charges, it still involves a pattern of willful and malicious conduct aimed at a specific person, causing them substantial distress.

What Constitutes Criminal Harassment?

A person may be charged with criminal harassment if they engage in:

• A pattern of three or more acts targeting the same individual.
• Willful and malicious behavior intended to cause fear, intimidation, or distress.
• Acts that seriously alarm, torment, or terrorize the victim.

Penalties for Criminal Harassment

• Up to 2 ½ years in a house of correction.
• A fine of up to $1,000.
• Possible restraining orders or no-contact orders issued by the court.

While harassment is a lesser charge than stalking, it still carries serious legal consequences that can impact your freedom, reputation, and future opportunities. If you are facing harassment charges, it is crucial to have a strong legal defense to examine the circumstances of your case.

Defending Against Stalking Charges

At Marin, Barrett & Murphy Law Firm, we use aggressive legal strategies to fight stalking charges, including:

1. False Accusations or Misunderstandings
   • Personal disputes, breakups, or miscommunications can lead to false stalking allegations.
   • We investigate motives for false claims, including revenge, divorce disputes, or custody battles.
2. Lack of Intent to Harass or Cause Fear
   • Stalking requires proof of intent—not all unwanted interactions meet this standard.
   • We challenge whether the alleged victim truly felt threatened.
3. Insufficient Evidence
   • Lack of proof of repeated incidents may result in dismissed charges.
   • If law enforcement has weak or circumstantial evidence, we work to have the case dropped.
4. Constitutional Violations
   • Some speech and actions may be protected under the First Amendment.
   • We challenge unlawful surveillance, improper police conduct, or violations of due process.

The Legal Process for Stalking Cases in Natick

If you are accused of stalking in Natick, your case will likely be handled at:

📍 Natick District Court
120 N Main St, Natick, MA 01760
📞 (508)-620-9110

What to Expect in Your Case

• Arraignment – You will appear in court to enter a plea.
• Pre-Trial Motions – Your attorney may challenge evidence or seek case dismissal.
• Trial or Plea Bargain – The prosecution must prove guilt beyond a reasonable doubt.
• Sentencing – If convicted, penalties may include jail time, fines, and probation.

An experienced defense attorney can negotiate reduced charges, seek alternatives to jail, or get the case dismissed altogether.

Statute of Limitations for Stalking in Massachusetts

The statute of limitations for felony stalking in Massachusetts is 6 years. This means the prosecution must file charges within six years of the alleged incidents. If charges are not filed in time, the case may be dismissed.

Why Choose the Marin, Barrett & Murphy Law Firm?

At Marin, Barrett & Murphy Law Firm, we are dedicated to fighting for the rights of the accused. Our firm is known for:

• Aggressive Defense: We challenge weak evidence and fight for case dismissals.
• Experience You Can Trust: We have handled hundreds of criminal cases in Massachusetts.
• Personalized Legal Strategy: Every case is different, and we build a defense tailored to your situation.
• 24/7 Availability: Our attorneys are available to answer your questions and provide legal guidance.

We know that stalking charges can ruin lives, and we will work tirelessly to protect your reputation and your future.

What to Do If You're Accused of Stalking

If you are facing stalking charges in Natick, MA, take immediate action:

• Do Not Contact the Accuser – Any contact can be used against you.
• Save Any Evidence – Keep records of messages, emails, or interactions.
• Do Not Speak to Police Without a Lawyer – Anything you say can be used against you.
• Hire an Experienced Stalking Defense Lawyer Immediately – The sooner you get legal representation, the better your chances of avoiding jail time and a criminal record.