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Stalking is always a felony in Indiana, and it’s often charged after a relationship ends, a friendship falls apart, or a conflict continues over time. Stalking covers a knowing or intentional course of conduct involving repeated or continuing harassment of another person that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened and that actually causes the person to feel that way. The conduct can include following someone, showing up at their home or work, repeated calls, texts, or social media messages, and tracking someone’s location.
Stalking is a Level 6 felony at its base level, carrying six months to two and a half years. It becomes a Level 5 felony, carrying one to six years, in situations like making a threat intended to place the person in fear of sexual battery, serious injury, or death, violating a protective order or no contact order, or continuing the conduct while a stalking complaint involving the same person is pending. It can be a Level 4 felony, carrying two to twelve years, in more serious situations, such as being armed with a deadly weapon. A stalking charge almost always comes with a protective order or no contact order, and a prior stalking conviction can raise future invasion of privacy charges to felonies.
Because stalking requires a course of conduct, the defense often focuses on whether the contacts were actually repeated harassment or something else, like legitimate communication about children, property, or business, or mutual contact between two people. The defense may also examine whether the conduct would really frighten a reasonable person, whether the other person’s own messages show a different picture, and whether location data, phone records, and screenshots tell the full story. Indiana law also excludes certain legally protected activity, like lawful picketing, from the definition of stalking.
At RileyCate, we defend stalking charges and help clients respond to related protective orders and no contact orders. For single communications or threats, our Harassment and Intimidation page covers those lesser charges, and our Invasion of Privacy page explains charges for violating a court order.
Stalking cases often depend on how a long history of communication is presented, and they call for attorneys who will put the full context in front of a jury. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been charged with stalking, it’s critical to avoid any contact with the other person and get counsel involved right away. We offer a consultation to review the charges and explain your options. Reach out to RileyCate today to speak with a stalking defense attorney.
