Charges for cyberstalking and other stalking offenses should be taken seriously, even if this is your first offense. Let our lawyers explain what happens after charges are officially filed and the consequences you could face if convicted.
Cyberstalking is initially charged as a class B misdemeanor in Utah and is elevated to a class A misdemeanor on the second or subsequent offense. Cyberstalking involving a minor can be charged as a third-degree felony on the second offense, and defendants might face additional stalking-related charges depending on the case.
If you’re charged with a misdemeanor or felony for cyberstalking, call the Park City, UT criminal defense lawyers of Overson & Bugden at (801) 758-2287 for a free case review.
What Happens When You Are Charged with Cyberstalking in Utah?
Our attorneys can prepare you for what comes next if you are arrested and charged with cyberstalking or related offenses, so you know exactly what to expect.
Initial Court Appearances
If you are charged with a felony or a class A misdemeanor for cyberstalking or stalking in Utah, you will have an initial appearance in court, where the judge reads the charges and informs you of your rights. Then there is a preliminary hearing, followed by the arraignment, which is when you enter your plea.
These initial court appearances can be very confusing to defendants, and you need an advocate by your side to explain what is happening, what the specific cyberstalking charges mean, and what will happen next.
Defense Preparation
If you are charged with cyberstalking, our lawyers can begin preparing your defense. Proving cyberstalking, or “electronic communication harassment,” generally requires proving intent to harass, intimidate, abuse, threaten, or frighten the person on the receiving end. We may argue you lacked this intent to the jury during your case.
Tell us whether the prosecution is lacking crucial information, whether the messages were taken out of context, and whether the alleged victim agreed to the communication or was not intimidated by it.
If someone else created an online account using your identity or your computer for the purpose of cyberstalking, tell us so we can use it in your defense.
Plea Bargaining
If you are charged with a low-level misdemeanor for cyberstalking in Utah, the prosecution may be open to negotiation a plea bargain that saves them the time, money, and other resources that go into a criminal trial. Plea deals aren’t guaranteed, especially for the most serious cyberstalking and stalking-related offenses.
When negotiating a plea deal with the defense, our goal is to get the official charges filed against you reduced and agree with the prosecution on a lesser consequence than what you were facing before.
Trial
The charges you face for cyberstalking may go to trial, at which point our Salt Lake City, UT criminal defense lawyers can present your defense to the jury and poke holes in the prosecution’s case. The prosecution must prove your guilt beyond a reasonable doubt, and our lawyers can present evidence and arguments that raise doubt in jurors’ minds.
What Happens if You’re Convicted of Cyberstalking in Utah?
Different penalties are imposed on defendants convicted of cyberstalking and related crimes in Utah, depending on the offense.
Class B Misdemeanor Conviction
In general, the first cyberstalking offense is charged as a class B misdemeanor in Utah, punishable by up to six months in jail. Disclosure of personal information with the intent to cause electronic communication harassment is a related offense that’s also initially charged as a class B misdemeanor.
Class A Misdemeanor Conviction
A second or subsequent cyberstalking offense is charged as a class A misdemeanor, with a maximum penalty of 364 days in jail. Unlawful electronic disclosure of a minor’s personal information is also charged as a class A misdemeanor on the first offense.
Third-Degree Felony Conviction
A second or subsequent offense of cyberstalking of a minor is charged as a third-degree felony in Utah, punishable by up to 5 years in prison. Disclosure of personal information with the intent to cause electronic communication harassment is also charged as a third-degree felony on the third or subsequent offense.
FAQs About Facing Cyberstalking Charges in Utah
What Happens if I Am Arrested for Cyberstalking in Utah?
If you are arrested for cyberstalking or a related offense in Utah, the police may try to question you during a custodial interrogation. They should precede that interrogation by informing you of your right to an attorney and your right to remain silent, both of which you should exercise immediately.
Do I Need a Lawyer if I Am Charged with Cyberstalking in Utah?
You need a lawyer when facing any criminal charges for offenses related to stalking or cyberstalking to ensure you appreciate the seriousness of the situation and have the best chance of reducing or eliminating any consequences.
Will I Go to Jail if I Am Convicted of Cyberstalking?
If this is your first conviction in Utah, you won’t necessarily go to jail for cyberstalking or related charges. If you are released on probation, there will be caveats and conditions, all of which we can explain so you don’t violate your probation and risk jail time.
Can I Get a Conviction for Cyberstalking Expunged from My Record?
Class B and A misdemeanor convictions for cyberstalking are eligible for expungement if enough time has passed and you haven’t reoffended or committed any other crimes.
What Are the Fines for Cyberstalking Convictions in Utah?
Judges can impose fines in addition to jail time for convictions of cyberstalking. The maximum fine for class B misdemeanors is $1,000 plus a 90% surcharge, $2,500 plus a 90% surcharge for class A misdemeanors, and $5,000 plus a 90% surcharge for third-degree felonies.
Reach Out if You Face Charges for Cyberstalking in Utah
Call the Murray, UT criminal defense lawyers of Overson & Bugden at (801) 758-2287 for help with your case today.
