Defending against cyberstalking and electronic harassment charges in Clark County.
Free Case EvaluationSocial media and online communication have created new avenues for harassment allegations. Recently separated partners and teenagers frequently face cyberstalking charges after taking online disputes too far. At the Law Office of Erin Bradley McAleer, we defend cyberstalking charges in Clark County and throughout Southwest Washington.
Cyberstalking Can Be Charged as a Felony
Under RCW 9A.90.130, a first cyberstalking offense is a gross misdemeanor carrying up to one year in jail. However, the charge is elevated to a Class C felony carrying up to five years in prison if the person threatens to kill the victim or has a prior conviction for harassing the same victim.
According to Washington law, cyberstalking occurs when a person intends to harass, intimidate, torment, or embarrass another person through electronic communications such as email, text messages, or online chat by:
| Charge | Classification | Maximum Penalty |
|---|---|---|
| Cyberstalking (first offense) | Gross Misdemeanor | Up to 1 year jail |
| Cyberstalking (threat to kill or prior conviction) | Class C Felony | Up to 5 years prison |
A cyberstalking conviction also requires a DNA sample, which is unusual for misdemeanor offenses. This additional consequence makes defending against these charges even more important.
Email and electronic contact can violate existing restraining orders. It is important to understand that interstate protection orders are enforceable across state lines under the Violence Against Women Act. A restraining order issued in another state must be honored in Washington.
Cyberstalking charges often accompany allegations of malicious mischief, harassment, or restraining order violations in domestic violence cases. A misdemeanor assault conviction with a DV designation results in the permanent loss of gun rights. Because cyberstalking charges frequently carry a DV designation, the collateral consequences extend well beyond the direct penalties.
Contact McAleer Law today for a consultation. Our attorneys will review the communications at issue and build a strong defense for your case.
Don’t face legal challenges alone. Our experienced attorneys are ready to fight for you.