Fighting a Stalking Charge in Virginia: What You Should Know

 Posted on May 14, 2025 in Criminal Defense

If you have been arrested and charged with stalking in Virginia, you may have questions about what is to come. Is stalking a misdemeanor or a felony? What are the penalties? What can be done to fight the charges? An experienced Fairfax, VA stalking defense attorney can answer all your questions, help you understand the laws that govern your case, and go over the possible defenses available. 

What Does Virginia Law Say About Stalking?

The Code of Virginia, under statute § 18.2-60.3, addresses the crime of stalking, which is generally categorized as a Class 1 misdemeanor or a Class 6 felony. Stalking occurs when someone engages in conduct more than once that is intended to make a person fear for their life or fear that they may be harmed or sexually assaulted. 

The penalties for a Class 1 misdemeanor stalking conviction are jail time and a fine of up to $2,500. If you were already convicted for stalking someone within the past five years, the second conviction may elevate to a Class 6 felony, which can result in prison time and a fine of up to $2,500. Additionally, with either charge, the court may issue a protective order.

How Is Stalking Different From Harassment Under Virginia Law?

Harassment and stalking share some similarities but are separate offenses. Stalking is generally more severe, involving the threat of bodily injury. Harassment involves unwanted conduct that is intended to annoy, abuse, alarm, or intimidate someone. Harassment charges are almost always misdemeanors.

Possible Defenses for Fighting a Stalking Charge in Virginia

Working with an experienced attorney ensures you have the chance to build a robust defense customized to serve your best interests. Some common defenses used against stalking charges include:

• Failure to meet the burden of proof: Your attorney may challenge the prosecution's ability to prove guilt beyond a reasonable doubt. This is possible when the evidence is insufficient and, done successfully, may result in reduced or dropped charges.

• Lack of intent: Intent is central to a stalking charge. Your attorney may be able to show that interactions with the alleged victim were misunderstood.

• Mistaken identity: If you were wrongfully identified as the stalker, an alibi can be a strong defense.

• Unreasonable claim of fear: Sometimes, you can argue that your actions were misinterpreted and not something that would strike fear in a reasonable person.

This is not a comprehensive list. Your attorney will help you find the best possible defense strategy for your case.

Contact Our Fairfax, VA Stalking Defense Attorneys Today

At Robinson Law, PLLC, we understand that stalking cases can be much more complex than they seem. If you were recently charged with stalking, harassment, or any other related charge, our Fairfax criminal defense lawyers will listen to your side of the story and help you navigate the legal process. We have over 50 years of legal experience and are available 24/7 to answer your questions. Call 703-844-3746 to schedule a free consultation today. Hablamos Español.