Defense of Virginia Stalking and Protection Order Violations
Fairfax County and Northern Virginia Stalking and Protective Order Violation Criminal Defense Attorneys and Lawyers
Charges for stalking, violation of a restraining or protective/protection order, making phone threats, and phone harassment are aggressively prosecuted in Fairfax County and Northern Virginia and can result in incarceration and substantial fines. Moreover, a conviction will result in a criminal record that could have adverse consequences for those seeking employment or a security clearance.
Moreover, the crime of stalking will result in the issuance of a restraining order, which will show up on a criminal record search.
Whether you have made a mistake, or someone has made a mistake or been dishonest in having you charged with stalking, you need an experienced criminal defense lawyer that has experience handling such charges.
As a former prosecutor in the largest jurisdiction in Virginia, Kyle G. Manikas has previously handled many stalking, restraining and protective order violations, phone threat, and phone harassment cases. In these cases, physical evidence and witness accounts can be critical. Our firm will perform a sound analysis of all evidence and provide essential trial strategies to present you with the best possible defense.
To discuss your case with Kyle G. Manikas, a former prosecutor and Fairfax County and Northern Virginia criminal defense lawyer that has handled many stalking, restraining and protective order violations, phone threat, and phone harassment cases, or to schedule a free consultation, contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
What is Stalking and What is the Penalty for Stalking?
Under the Virginia Code (18.2-60.3), stalking is defined as (i) repeated contact (on more than one occasion), (ii) directed at someone, (iii) that the accused knows or should know will put that person in reasonable fear of death, bodily injury, or criminal sexual assault.
Stalking is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500. Moreover, upon a conviction a civil protective order must issue. A third or subsequent conviction occurring within five years is a Class 6 felony punishable by up to 5 years in jail and a fine of up to $2,500.
Stalking charges are most often defended by challenging the perceived nature of the contacts, including the perceived threat. All elements of a stalking charge must be present within the standards of the law for there to be a guilty conviction.
The facts of every stalking case are different. Call for a free consultation and Kyle G. Manikas will review your case and talk with you about what your best defense options are.
Protective Order Violations and Penalties
Once an individual has been ordered to stay away from another individual by a protective order or a restraining order, any violation of that order will result in another criminal charge. Violations of a stalking protective order are prosecuted under Va. Code 18.2-60.4 which provides that the crime is punished as a Class 1 misdemeanor (punishable by up to 12 months in jail and a fine of up to $2,500). This section also provides that upon a conviction for violating a stalking protective order, the judge must issue another stalking protective order for a 2 year period.
All other protective order violations are prosecuted under Va. Code 16.1-253.2. Violations are a Class 1 misdemeanor. However, the punishment for a second offense, when the offense is committed within five years of the prior conviction and when either the instant or prior offense was based on an act or threat of violence, shall include a mandatory minimum term of confinement of 60 days. A third or subsequent offense of violating a protective order, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence is guilty of a Class 6 felony (punishable by up to 5 years in jail) and the punishment shall include a mandatory minimum term of confinement of six months.
Additionally, if the accused commits an assault and battery upon the person covered by the protective order and this results in serious bodily injury, the offense is a Class 6 felony. Any person who violates such a protective order by furtively entering the home while the protected person is present is also guilty of a Class 6 felony.
Call for a free consultation and Kyle G. Manikas will review your case and talk with you about what your best defense options are.
To discuss your case with Kyle G. Manikas, a former prosecutor that has handled many stalking, restraining and protective order violations, phone threat, and phone harassment cases, or to schedule a free consultation, contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
Phone Threats and Phone Harassment
•· Causing telephone to ring with intent to annoy (Va. Code 18.2-429) - Any person who, with the intent to annoy any other person, causes any telephone, not his own, to ring, shall be guilty of a Class 3 misdemeanor. Any person who, with or without intent to converse, but with intent to annoy, harass, hinder or delay emergency personnel in the performance of their duties as such, causes a telephone to ring, which is owned or leased for the purpose of receiving emergency calls by a public or private entity providing fire, police or emergency medical service shall be guilty of a Class 1 misdemeanor.
•· Use of profane, threatening or indecent language over public airways (Va. Code 18.2-427) - If any person uses obscene, vulgar, profane, lewd, lascivious, or indecent language, or makes any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act with the intent to coerce, intimidate, or harass any person, over any telephone or citizens band radio, he shall be guilty of a Class 1 misdemeanor.
Contact An Experienced Criminal Defense Attorney
If you have been arrested for any form of stalking, protective order violation, phone threats, or phone harassment, contact a former prosecutor and experienced criminal defense lawyer at Manikas Law LLC. Kyle G. Manikas has substantial experience in handling such cases.
To schedule a free consultation or to discuss your case by phone, contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
