The lawyers at Ashbach Law Offices, LLC provide aggressive, strong defense for those charged with stalking and cyberstalking throughout Skagit, Snohomish, King and Whatcom Counties. Our goal is to aggressively protect you, your family and your interests from the prosecution, saving jail time, licenses, occupations and reputations. With offices in Marysville and Mill Creek, Washington, we are available to meet you discuss your case. We help good people in bad situations. Let us help you.
General Notes and Definitions
“Electronic communication” means the transmission of information by wire, radio, optical cable, electromagnetic or other similar means. “Electronic communication” includes, but is not limited to, electronic mail, internet-based communications, pager service and electronic text messaging.
“Follows” means deliberately maintaining visual or physical proximity to a specific person over a period of time. A finding that the alleged stalker repeatedly and deliberately appears at the person’s home, school, place of employment, business or any other location to maintain visual or physical proximity to the person is sufficient to find that the alleged stalker follows the person. It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another.
“Harasses” means unlawful harassment as defined in RCW 10.14.020.
Cyberstalking as a Gross Misdemeanor
Cyberstalking is, with the intent to harass, intimidate, torment or embarrass any other person, and under circumstances not constituting telephone harassment, the making of an electronic communication to such other person or a third party
a) using any lewd, lascivious, indecent or obscene words, images or language, or suggesting the commission of any lewd or lascivious act
b) anonymously or repeatedly, whether or not conversation occurs
c) threatening to inflict injury on the person or property of the person called or any member of his or her family or household
Cyberstalking as a Felony
Cyberstalking is chargeable as a Class C Felony if either
a) the perpetrator has previously been convicted of the crime of harassment, as defined in RCW 9A.46.060, with the same victim or a member of the victim’s family or household or any person specifically named in a No Contact Order or no-harassment order in this or any other state, OR
b) the communication involved threatening to kill the person threatened or any other person
Stalking as a Gross Misdemeanor
“Stalking” is more expansive than repeatedly following someone. Stalking is, without lawful authority, a person alleged to
a) intentionally and repeatedly harass or repeatedly follow another person, and
b) the person being harassed or followed is placed in fear that the stalker intends to injure the person, another person or property of the person or of another person. The feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances; and
c) the stalker either
a. intends to frighten, intimidate or harass the person; OR
b. knows or reasonably should know that the person is afraid, intimidated or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person
Stalking as a Felony
Stalking is chargeable as a Class C Felony if any of the following:
a) the stalker has previously been convicted in this state or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim’s family or household or any person specifically named in a protective order, or
b) the stalking violates any protective order protecting the person being stalked, or
c) the stalker has previously been convicted of a gross misdemeanor or felony stalking offense under this section for stalking another person, or
d) the stalker was armed with a deadly weapon, as defined in *RCW 9.94A.602, while stalking the person
e) as well as other rarely-seen scenarios
Stalking and Cyberstalking are often given the “domestic violence” label if the alleged victim fits the definition of “family or household member.” A conviction under the domestic violence tag often results in imposition of a No Contact Order, and will typically involve loss of gun rights, treatment requirements and other undesirable outcomes.
Ashbach Law Offices, LLC, aggressively represents clients throughout the Washington I-5 corridor, covering Skagit, Snohomish, King and Whatcom Counties. Regular courts of practice include, but are not limited to, Anacortes, Arlington, Bellevue, Bellingham, Blaine, Burlington, Edmonds, Everett, Issaquah, Lynnwood, Marysville, Monroe, Mount Vernon, Mountlake Terrance, Redmond, Seattle, Sedro Woolley and Shoreline.