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In brief: In Georgia, stalking means following, placing under surveillance, or contacting someone without consent for the purpose of harassing and intimidating them. A first offense is usually a misdemeanor. A second conviction, or aggravated stalking (violating a protective order), is a felony carrying up to 10 years in prison. If you’ve been charged, you’re presumed innocent. Common defenses include lack of intent, mistaken identity, or conduct that doesn’t meet the legal definition.
Few accusations feel as personal as a stalking charge. Maybe a breakup turned bitter. Maybe a text got misread, or a disagreement spun into claims you barely recognize. Whatever happened, an accusation is not proof of guilt. Understanding how Georgia’s stalking laws work is the first step toward protecting yourself. At Moffitt Law, we offer honest guidance and a free evaluation so you know what you’re up against.
In this article, our Carrollton criminal defense lawyers discuss:
– What counts as stalking under Georgia law.
– Whether stalking is a misdemeanor or a felony.
– The penalties for stalking and aggravated stalking.
– Common defenses to stalking charges.
– Frequently asked questions.
What counts as stalking under Georgia law?
Under O.C.G.A. § 16-5-90, a person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the other person’s consent for the purpose of harassing and intimidating that person.
The conduct also has to place that person in reasonable fear for their safety. Unwanted contact by itself isn’t automatically a crime. One appellate court threw out a stalking finding because the evidence didn’t show the alleged conduct put the other person in reasonable fear for safety. Context and intent matter. A single message, showing up at a place you both frequent, or trying to work out a dispute isn’t, on its own, stalking.
Is stalking a felony or a misdemeanor in Georgia?
Stalking is a criminal offense in Georgia, and whether it’s charged as a misdemeanor or a felony depends on the circumstances. A first offense is generally a misdemeanor. Upon the second conviction and all subsequent convictions for stalking, the defendant is guilty of a felony and shall be punished by imprisonment for not less than one year and not more than ten years.
Georgia law also recognizes a more serious charge, aggravated stalking, under O.C.G.A. § 16-5-91. It applies when someone, in violation of a bond to keep the peace, a temporary or permanent protective order, a restraining order, a good behavior bond, or a condition of pretrial release, probation, or parole, follows, places under surveillance, or contacts another person without consent for the purpose of harassing and intimidating them. Aggravated stalking is a felony punishable by imprisonment for not less than one year and not more than ten years, and by a fine of not more than $10,000.
A judge can do more than hand down a sentence. Before sentencing, the judge may require a psychological evaluation of the offender, and at sentencing the judge is authorized to issue a permanent restraining order to protect the person stalked and members of that person’s immediate family. The stakes are high. That’s why preparation matters.
Facing a stalking charge in Carrollton? Contact Moffitt Law for a free evaluation before you speak with investigators.
What are common defenses to stalking charges in Georgia?
Several defenses may apply, depending on the facts. Because you’re presumed innocent, the state has to prove every element beyond a reasonable doubt. Common defenses include:
– Lack of intent: If your actions weren’t meant to harass or intimidate, a core element of the offense is missing.
– Conduct that doesn’t meet the legal threshold: A single message or a chance encounter may not rise to stalking, or may not have placed anyone in reasonable fear for their safety.
– Mistaken identity: You may not be the person behind the contact or surveillance.
– A misunderstanding: Charges often grow out of contentious situations, such as a divorce, custody fight, or breakup, where emotions run high, and accounts differ.
Tyler Moffitt has seen how the state assembles these cases and how evidence, such as texts, call logs, and witness statements, gets used. He prepares thoroughly to challenge the weak links in the state’s case.
Frequently asked questions about stalking charges in Georgia
Is stalking always a criminal offense?
Yes. Stalking is a crime in Georgia, charged as a misdemeanor for a first offense and a felony punishable by one to ten years for a second or subsequent conviction. Even a misdemeanor conviction can affect your job, your housing, and your reputation.
Can I be charged if there was no physical contact or threat?
Yes. Georgia’s law covers following, surveillance, and contact for the purpose of harassing and intimidating another person, so no physical touching or direct threat is required. Whether your conduct actually meets the legal standard is often the heart of the defense.
What should I do if I’m accused of stalking in Carrollton?
Avoid any further contact with the accuser, don’t discuss the case with others, and talk to a criminal defense lawyer as soon as you can. Early guidance helps protect your rights.
Contact Moffitt Law’s Carrollton office for a free evaluation
A stalking charge doesn’t have to define your future. Moffitt Law, LLC brings more than ten years of experience to clients across Georgia. Proven results, proven lawyer.
Representation should be personal, honest, and relentless, not cold or transactional. From our Carrollton office at 202 Bradley St E9, we’ll listen to your story, walk through your options, and fight for your rights. Contact us today for a free evaluation. No obligation, just honest answers.
*Past results do not guarantee future outcomes. Every case is different.*
