Stalking Defense Lawyer in Wisconsin
Charged with Stalking in Wisconsin? These felony allegations often arise from disputed communications, prior relationships, or allegations of repeated contact. Contact Chirafisi Anderson, S.C. to begin building your defense. Free consultations available.
What the Law Says About Stalking in Wisconsin
Under Wis. Stat. § 940.32, a person commits Stalking when they intentionally engage in a course of conduct directed at a specific person that would cause a reasonable person to experience serious emotional distress or fear bodily injury or death, and the actor knows – or should know – that the conduct would have that effect.
Stalking cases often turn on how communications, contact, or presence are interpreted, whether the alleged conduct qualifies as a “course of conduct,” and whether the evidence supports a reasonable fear or serious emotional distress. Many cases involve disputed intent, context, and credibility rather than physical acts.
What the State Must Prove in Stalking Cases
To convict someone of Stalking under Wis. Stat. § 940.32, the State must prove each of the following elements beyond a reasonable doubt:
- The defendant engaged in a course of conduct—two or more acts directed at a specific person.
- A reasonable person in the same situation would suffer serious emotional distress or fear bodily injury or death.
- The conduct actually caused fear or serious emotional distress to the alleged victim.
- The defendant knew or should have known that the conduct would cause such fear or distress.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1284 Stalking
Penalties and Sentencing for Stalking in Wisconsin
Stalking under Wis. Stat. § 940.32 is a felony offense, with penalties that escalate based on aggravating factors such as prior convictions, use of a weapon, restraining-order violations, or injury to the alleged victim.
|
Circumstance |
Classification |
Maximum Penalty |
|---|---|---|
|
Base offense stalking |
Class I Felony |
3 ½ years prison + $10,000 fine |
|
Prior stalking / violent-crime conviction, same victim, or victim < 18 |
Class H Felony |
6 years + $10,000 fine |
|
Use of weapon, bodily harm, or restraining-order violation |
Class F Felony |
12 ½ years + $25,000 fine |
|
Stalking causing substantial bodily harm |
Class E Felony |
15 years + $50,000 fine |
|
Stalking causing great bodily harm |
Class C Felony |
40 years + $100,000 fine |
In sentencing, courts commonly evaluate the nature and frequency of the alleged contact, the degree of fear or distress claimed, any use of electronic monitoring or tracking, prior relationship between the parties, and compliance with court orders. Collateral consequences may include no-contact orders, firearm prohibitions, and restrictions affecting employment and housing.
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Common Scenarios in Wisconsin Stalking Cases
Stalking charges often arise from patterns of communication or contact that are later characterized as threatening or distressing. Many cases involve disputed context, prior relationships, or differing interpretations of intent and impact.
Common scenarios include:
- Repeated calls, texts, or social-media contact after a relationship ends
- Appearing at a person’s home, workplace, or public events uninvited
- Contact in violation of a restraining order or bail condition
- Online or digital harassment, GPS tracking, or unsolicited photos
- Misunderstood or exaggerated contact following a prior domestic dispute
Whether conduct qualifies as stalking often depends on the number of contacts, the surrounding context, and whether the evidence supports a reasonable fear or serious emotional distress.
Defenses and Legal Strategies for Stalking Charges
Defending a stalking charge requires careful examination of intent, context, and whether the alleged conduct actually meets the statutory definition of a “course of conduct” that caused fear or serious emotional distress. These cases often turn on disputed communications, timelines, and credibility.
Common defense strategies include:
Early review of digital records, message history, and witness accounts is often critical to evaluating and defending these allegations.
Why Hiring a Stalking Defense Lawyer Matters
Stalking charges are often built on subjective interpretations of communications, intent, and emotional impact rather than physical evidence. These cases frequently involve prior relationships, digital records, and disputed timelines, making early and careful analysis essential.
Stalking Case Result
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Contact Chirafisi Anderson, S.C.
A Stalking charge can carry serious criminal penalties and long-lasting personal consequences. These cases often depend on how communications, intent, and emotional impact are interpreted – and early legal guidance can be critical to protecting your rights.
Chirafisi Anderson, S.C. represents individuals charged with Stalking and related offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.