Stalking Defense in Paulding County

Defending Stalking Charges in Paulding County Since 2004

A stalking charge in Georgia moves fast. From arrest to protective order to criminal prosecution, the window to build a defense is narrow. Stalking allegations also tend to surface in the most contested personal circumstances: contentious breakups, divorce proceedings, or custody disputes where one party’s account may be incomplete or disputed. How you respond in the early hours and days matters.

Henrickson & Sereebutra has defended criminal clients in Paulding County since 2004. Our office sits in historic downtown Dallas, steps from the Paulding County Courthouse where these cases are tried. Our attorneys bring prosecutorial experience to every case, meaning we’ve worked inside the charging process and understand how the Paulding County District Attorney’s office investigates and builds stalking cases. That background informs our defense strategy from the first hearing forward.

Facing a stalking charge in Paulding County? Call us today at (770) 212-3313 to schedule your free consultation.

How Georgia Defines Stalking

Under OCGA 16-5-90, a person commits stalking by following, placing under surveillance, or contacting another person without consent for the purpose of harassing and intimidating them. “Harassing and intimidating” means a knowing and willful course of conduct directed at a specific person that causes emotional distress by placing that person in reasonable fear for their safety or the safety of their immediate family. The statute requires a pattern of behavior, not a single incident.

“Contact” is defined broadly. Texts, emails, social media messages, phone calls, and mail can all support a stalking charge. A person also commits stalking by violating a protective order, bond, or other court order prohibiting contact intended to prevent harassment or intimidation.

Stalking vs. Aggravated Stalking

A first stalking conviction is a misdemeanor. A second or subsequent conviction becomes a felony under OCGA 16-5-90.

Aggravated stalking under OCGA 16-5-91 is charged as a felony from the outset when the defendant violates a no-contact provision of bond, pretrial release, probation, parole, or a protective order. Additional circumstances that can elevate a charge include the victim being under 18 when the defendant is five or more years older, the defendant having a prior stalking conviction within the past seven years, or the defendant making a credible threat of harm to the victim or their immediate family.

Penalties for a Stalking Conviction in Georgia

The stakes depend on how the charge is classified, but neither outcome is minor.

• Misdemeanor stalking: Up to one year in jail and a fine of up to $1,000
• Aggravated stalking (felony): One to 10 years in prison and a fine of up to $10,000
• Permanent protective order: A judge may impose one at sentencing
• Psychological evaluation or treatment: Courts may require this as a condition of probation or a suspended sentence

The collateral consequences of a felony stalking conviction extend well beyond sentencing. A felony conviction for a crime against a person creates major barriers to employment in fields requiring background checks, including education, healthcare, and positions of public trust, and can trigger the revocation of professional licenses. A stalking or domestic violence-related conviction is damaging evidence in any subsequent custody or divorce proceeding and can result in supervised visitation or loss of parental rights. A felony conviction also carries the permanent loss of the right to possess firearms under Georgia law.

In aggravated stalking cases, bond isn’t automatic after arrest. Only a Superior Court judge can set bond, which means getting counsel involved immediately can allow an attorney to appear at the bond hearing in Paulding County Superior Court and begin advocating on your behalf from the start.

Defenses to Georgia Stalking Charges

Every stalking case turns on its specific facts. Georgia law builds several defensible requirements into the statute, and the prosecution must prove each element beyond a reasonable doubt.

• No pattern of conduct: Stalking requires a course of conduct, not a single interaction. Isolated incidents don’t satisfy the statutory definition.
• Lack of intent: The statute requires a knowing and willful course of conduct. Evidence that the defendant didn’t act with intent to cause emotional distress can undermine the charge.
• Consent: If the alleged victim agreed to the contact or surveillance, that agreement directly challenges the unlawful-contact element.
• Reasonable person standard: Conduct that wouldn’t cause a reasonable person to fear for their safety may fall short of the statutory definition.
• Mistaken identity: Digital records, location data, and alibi evidence can disprove an accusation when the alleged victim identified the wrong person.
• First Amendment considerations: Speech, writing, or online expression may constitute constitutionally protected activity. Georgia courts must apply stalking statutes in ways that don’t criminalize protected speech.
• False allegations: Contentious divorces, custody disputes, and breakups are recognized settings where charges can be based on exaggerated or fabricated accounts. We investigate thoroughly.

Why Local Presence & Prosecutorial Experience Matter in Paulding County

Our office in historic downtown Dallas sits directly in the jurisdiction where stalking and aggravated stalking cases are filed and tried. We know Paulding County Superior Court and the professionals who work within it. That local presence shapes how quickly we can act on your behalf and the relationships we bring to negotiations and hearings.

Our prosecutorial background gives us a direct window into how cases are built against defendants. We understand what investigators look for, how the District Attorney’s office evaluates evidence, and where cases have weaknesses. That perspective drives defense strategy from the bond hearing forward.

Acting early matters. Preserving digital evidence, including text messages, call logs, social media records, and location data, from the earliest stage can be decisive. Declining to make statements to law enforcement before speaking with an attorney protects your rights and prevents self-incrimination. The sooner we’re involved, the more options we can have.

Talk to a Stalking Defense Attorney Before Your Next Step

If you or someone you know is facing a stalking charge in Paulding County, the time to act is now. Henrickson & Sereebutra has represented clients in criminal defense matters throughout Paulding County and the greater Atlanta Metro Area for decades, bringing the preparation and local knowledge these cases demand.

We offer free consultations with no obligation. Call Henrickson & Sereebutra at (770) 212-3313 to speak with our team today.