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Firm Overview
Stalking Charges Attorney in Lexington
Trusted Defense & Guidance When Facing Stalking Accusations in Lexington, KY
If you face stalking charges in Lexington, you deserve guidance, clear answers, and a defender who knows the Fayette County courts. As a stalking charges lawyer in Lexington, we represent people charged with stalking and related accusations across the region.
Our practice focuses on criminal defense, guiding people through Kentucky’s legal system—often for the first time. Our approach combines compassion, honest advice, and strong legal strategies so you know what to expect throughout your case.
For urgent legal advice regarding a stalking accusation, call (859) 951-3112 or fill out our online form. We offer the specialized defense you need. Our exclusive focus on criminal defense and our 24/7 availability are your guarantees.
Understanding Kentucky Stalking Law
Kentucky law categorizes stalking into two degrees, with the severity of the charge depending on the use of threats and the defendant's criminal or court history regarding the same victim.
Stalking in the Second Degree (KRS §508.150)
This is the standard charge, classified as a Class A Misdemeanor, punishable by up to 12 months in the county jail. It requires the prosecution to prove the following key elements:
- Intentional Course of Conduct: Two or more non-Constitutionally protected acts directed at a specific person.
- Harm Caused: The conduct seriously alarms, annoys, intimidates, or harasses the victim.
- No Legitimate Purpose: The course of conduct served no legitimate purpose.
- Threat Made: The defendant made an explicit or implicit threat to place the person in reasonable fear of sexual contact, physical injury, or death.
Stalking in the First Degree (KRS §508.140)
This is a Class D Felony, punishable by 1 to 5 years in state prison.
The charge escalates to a felony if the second-degree elements are met AND one of the following aggravating factors is present:
- A protective order has already been issued against the defendant concerning the same victim.
- A criminal complaint is currently pending by the same victim.
- The defendant has a prior felony or Class A misdemeanor conviction against the same victim within the previous five years.
- The defendant had a deadly weapon on or about their person during the act.
The risk of this felony enhancement demonstrates why you need a specialized Lexington stalking lawyer who can defend the charge from the outset.
Penalties and Collateral Consequences of a Stalking Conviction
The consequences of a stalking conviction extend far beyond the jail sentence, permanently affecting your family life and freedom.
- Jail/Prison: Up to 12 months for a misdemeanor; 1 to 5 years for a felony.
- Mandatory Protective Order: A criminal conviction almost guarantees the imposition of a long-term Domestic Violence Order (DVO), severely restricting your movement, forcing you to surrender firearms, and limiting contact with your children.
- Child Custody Impact: A finding of stalking creates a legal presumption that joint custody and equally shared parenting time are not in the child's best interests, significantly damaging your parental rights in Family Court.
- Gun Rights: The underlying DVO mandates the surrender of all firearms.
Additionally, a conviction for stalking creates a permanent public record that carries the indelible stigma of a violent or sexually motivated crime, making it incredibly difficult to obtain employment or housing in the Lexington area.
The Kentucky Criminal Defense Process for Stalking Charges
Stalking cases are often intertwined with an Emergency Protective Order (EPO). Our firm manages the defense on both fronts.
- Immediate EPO/DVO Defense: Because the EPO forces immediate separation, we act instantly. Our available 24/7 commitment ensures we can advise you on the civil EPO hearing (which often occurs within 14 days), aggressively challenging the need for a long-term DVO and protecting your access to your home and children.
- Aggressive Discovery of Digital Evidence: Stalking charges rely heavily on phone records, social media, and digital messages. Our firm demands full access to these records to find exculpatory evidence, such as messages from the alleged victim initiating or continuing contact, which directly refutes the claim of unwanted and fear-inducing conduct.
- Negotiation for Harassment: Leveraging the difficulty prosecutors have in proving the high burden of "explicit or implicit threat" and "no legitimate purpose," we negotiate aggressively to reduce the felony or misdemeanor stalking charge down to a lesser offense like Harassment (KRS §525.070), which carries lower penalties and less stigma.
Our Comprehensive Approach to Stalking Defense
At Bleile & Dawson, our exclusive focus on criminal defense ensures we approach your stalking case with unmatched legal intensity and strategic clarity.
- Disproving Fear: We retain experts and use cross-examination to argue that the alleged victim's fear was unreasonable or feigned, especially when there is evidence of financial or custody motivation.
- Dismantling the Pattern: Our firm challenges the definition of "course of conduct," arguing that the alleged acts were too far apart, were singular events, or fell under protected activities (like lawful divorce proceedings).
- Crisis Intervention: Our available 24/7 policy means we are ready to advise you immediately upon service of an EPO, preventing you from accidentally violating the terms and incurring a new felony charge.
- Specialized Advocacy: We use our specialized focus to meticulously review the police's collection of digital and electronic evidence, ensuring all searches complied with Fourth Amendment standards.
What Sets My Approach Apart as a Stalking Defense Lawyer in Lexington
Everyone deserves to have their voice heard and their rights protected at every stage. Drawing on years of experience in Fayette County courts, I bring strong local insight, attentive communication, and a methodical approach to every defense.
As a stalking defense lawyer in Lexington, I commit to personal service and clear direction, so you always know where things stand.
- Local familiarity with Lexington courts: I know the court system and legal personalities in Fayette County, which can influence how stalking cases develop and resolve.
- Direct communication: I work directly with you from the first call. I explain Kentucky law and local process in plain language, set realistic expectations, and answer your questions throughout the case.
- Client-focused support: I provide confidential, judgment-free service and treat every case with respect and care.
- Free initial consultation: You can get advice about your case without upfront costs or hidden fees.
Stalking cases in this area sometimes overlap with other allegations, like domestic violence or harassment. The court might review previous court orders, digital messages, and past incidents. Knowing how Lexington police departments and campus authorities document and present these cases can make a practical difference in your defense.
Preparing a defense means looking closely at evidence, case timelines, and witness accounts. I review all the facts and keep you informed of important court dates and legal developments. Many people find that regular updates and personal attention make the process much less overwhelming and help them stay in control of their future.
What to Do After Being Arrested for Stalking in Lexington
If you have been accused of stalking, the steps you take now can protect your rights and improve your situation. Taking prompt, careful action gives your defense a much better starting point in Lexington’s courts.
Consider these important actions:
- Remain calm and avoid discussing the case with police or investigators until you have consulted a stalking charges attorney in Lexington.
- Do not contact the alleged victim, even to resolve a misunderstanding. Any contact may violate protective orders and make your situation worse.
- Gather and save materials like texts, emails, or notes connected to your case. Document details while they are fresh in your mind.
- Attend all scheduled court dates and carefully follow any conditions ordered by the judge.
- Call a stalking defense lawyer in Lexington soon after your arrest to discuss your options and start building a strategy based on local court rules.
Fast action in Kentucky’s legal process matters. Arraignments happen quickly, and local judges often issue temporary orders soon after an arrest. Missed court dates or deadlines can lead to a bench warrant or stricter bail conditions, so timely action and preparation are key.
Early legal support organizes your defense and helps preserve evidence and options as your case unfolds in Fayette County.
Take the Next Step—Contact a Stalking Defense Lawyer in Lexington
If you are facing stalking charges in Lexington, knowledgeable guidance can help you move forward with clarity and confidence. Contact Bleile & Dawson for a confidential, no-cost consultation to discuss your unique circumstances with a stalking charges attorney in Lexington.
Connecting with a qualified local lawyer gives you personalized legal strategies, clear information about your rights, and attentive support every step of the way. I provide direct answers and clear options from the very first call.
Take the first step toward protecting your future—call (859) 951-3112 or reach out online today to schedule your free consultation and get the information you need.
Backed by 50+ Years of Experience
