Stalking & Harassment Defense

Stalking Charges Under Virginia Law: What You Need to Know

Being charged with stalking in Virginia is a serious matter that can carry long-lasting legal and personal consequences. Under §18.2-60.3 of the Virginia Code, stalking involves repeated conduct, whether in person, by phone, through mail, or electronically that is directed at someone with the intention of instilling fear of death, sexual assault, or physical harm in that person or their family or household members. Importantly, even if the person did not intend to cause fear, the law holds individuals accountable if they knew or reasonably should have known their behavior would be perceived as threatening.

A first offense of stalking is classified as a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500. However, if the person continues this conduct after being directly told to stop, the law considers this strong evidence of criminal intent. A second offense within five years escalates the charge to a Class 6 felony, which can result in prison time and a permanent felony record.

Legal Jurisdiction and Protective Orders

Prosecutors have broad discretion when it comes to jurisdiction. A person may be prosecuted in the locality where any of the conduct occurred or where the targeted person lived at the time. Upon a conviction, courts are required to issue no-contact orders to protect victims and their families from further harassment.

Victim Notification Protocols

Virginia law also mandates proactive notification to victims prior to the offender’s release from custody. Victims or those designated by them in writing are entitled to notice at least 15 days in advance for sentences over 30 days, and 24 hours in advance for shorter sentences. The system prioritizes confidentiality and ensures that offenders do not have access to the victim’s updated contact information.

Why Legal Representation Matters

Because stalking cases often involve nuanced communication and emotional responses, they can be complex both factually and legally. Attorney Sheryl Shane brings over two decades of courtroom experience to the table. Her work in criminal defense reflects a detailed understanding of how to interpret statutory language, evaluate evidence, and build strong, strategic defenses. Whether challenging the prosecution’s theory or seeking alternative resolutions, she navigates these cases with clarity and precision protecting her clients' rights while respecting the sensitivity involved in these emotionally charged matters.