MASSACHUSETTS STALKING
DEFENSE LAWYER

Contact a MA Stalking Defense Lawyer at (508) 343-0676 or CLICK HERE

SERIOUS CHARGES REQUIRE A SERIOUS DEFENSE

If you or someone you know are under investigation or have been arrested for stalking then contact Massachusetts Stalking Defense Lawyer James Powderly as soon as possible. You may have a restraining order filed against you and may face serious criminal penalties including jail time, probation, fines and more.

Attorney James Powderly is experienced in defending clients who have been charged with stalking, harassment or other related offenses. Stalking is often associated with domestic violence and is often related to the end of a romantic relationships and friendships. No matter the particular charges and penalties you may face in association with a stalking accusation, you need an experienced defense lawyer who will commit themselves to your defense. Massachusetts Criminal Lawyer James Powderly offers a free consultation to discuss your charges and possible defenses.

EARLY INTERVENTION IS THE KEY TO A PROPER DEFENSE

It is extremely important to have an experienced and knowledgeable attorney begin working on your case as early as possible. Critical issues, such as how your particular case will be filed and what charges will be leveled against you, are decided, many a time, very soon after your arrest or during the investigatory period. Early intervention gives us an opportunity to potentially reduce or dismiss either felony or misdemeanor charges against you before the first court date.

If you are facing Stalking Charges
in Massachusetts, contact the Powderly Law Offices
immediately at (508) 343-0676.

Please feel free to call for an initial FREE CONSULTATION in our office, or in the privacy and convenience of your own home, during which we can explore how best to defend and resolve your case. Our 24-hour telephone number is (508) 343-0676.

MASSACHUSETTS STALKING PENALTIES

Stalking – First Offense
• State Prison Not More Than Five (5) Years OR
• House of Correction Not More Than Two and One-Half (2 ½) Years AND
• Fine of Not More Than One-Thousand ($1,000)

Stalking – Second Offense
• State Prison or Jail For Not Less Than Two (2) Years But Not More Than Ten (10) Years

Stalking in Violation of a No Contact Order
• State Prison or Jail For Not Less Than One (1) Year But Not More Than Five (5) Years

Contact a MA Stalking Defense Lawyer at (508) 343-0676 or CLICK HERE

MASSACHUSETTS STALKING LAW

Chapter 265: Section 43. Stalking; punishment
(a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars, or imprisonment in the house of correction for not more than two and one-half years or both. Such conduct, acts or threats described in this paragraph shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications and facsimile communications.

(b) Whoever commits the crime of stalking in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred and eight; or section thirty-two of chapter two hundred and nine; or sections three, four, or five of chapter two hundred and nine A; or sections fifteen or twenty of chapter two hundred and nine C or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court, shall be punished by imprisonment in a jail or the state prison for not less than one year and not more than five years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year.

A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.

A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this subsection.

(c) Whoever, after having been convicted of the crime of stalking, commits a second or subsequent such crime shall be punished by imprisonment in a jail or the state prison for not less than two years and not more than ten years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of two years.

A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.

A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this section.

Contact a MA Stalking Defense Lawyer at (508) 343-0676 or CLICK HERE

Attorney James Powderly defends individuals facing Massachusetts Stalking Charges in: Allston, Arlington, Belmont, Boston, Braintree, Brighton, Brockton, Brookline, Cambridge, Charlestown, Dedham, Everett, Fall River, Framingham, Gloucester, Hyde Park, Jamaica Plain, Lawrence, Lexington, Lowell, Lynn, Malden, Medford, Middlesex County, New Bedford, Needham, Newton, Norfolk County, Plymouth, Quincy, Revere, Roxbury, Salem, Saugus, Somerville, South Boston, Springfield, Suffolk County, Taunton, Walpole, Waltham, Wareham, Watertown, West Roxbury, Winchester, Worcester, Worcester County and Wrentham.
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The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

POWDERLY
LAW OFFICE

ATTORNEY JAMES POWDERLY
TELEPHONE (508) 343-0676


           
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