Question 1

What counts as stalking under Alabama law?

Accepted Answer

Alabama defines stalking as intentionally and repeatedly following or harassing another person in a way that would cause a reasonable person to feel afraid. Stalking in the first degree (Ala. Code § 13A-6-90) requires a credible threat made with the intent to place the victim in reasonable fear of death or serious bodily harm, while stalking in the second degree (§ 13A-6-90.1) involves repeated unwanted contact for an improper purpose after being told to stop. A single, isolated interaction generally does not meet the legal definition, which is one reason these cases turn heavily on the specific facts.

Question 2

What is the difference between first-degree and second-degree stalking in Alabama?

Accepted Answer

Stalking in the first degree is the more serious charge and is a Class C felony; it requires a credible threat of death or serious bodily harm combined with repeated following or harassment. Stalking in the second degree is a Class B misdemeanor and applies when someone repeatedly harasses or contacts another person for an improper purpose, causes material harm to their mental or emotional health, and continues after being told to stop. Because the classification dramatically changes the potential penalties, it is important to understand exactly which offense is charged in your case.

Question 3

What are the penalties for a stalking conviction in Alabama?

Accepted Answer

First-degree stalking, a Class C felony, carries a sentence of roughly one year and one day up to ten years in prison, plus possible fines. Second-degree stalking is a Class B misdemeanor punishable by up to six months in jail and a fine. A conviction can also lead to a protective order, loss of firearm rights, and a permanent criminal record, so the collateral consequences often extend well beyond any jail time.

Question 4

What is aggravated stalking?

Accepted Answer

Aggravated stalking applies when someone commits stalking while also violating an existing court order or injunction, such as a protection-from-abuse order or bond condition. Aggravated stalking in the first degree is a Class B felony, punishable by two to twenty years in prison, and aggravated stalking in the second degree is a Class C felony. Because a prior order is involved, these charges are treated far more seriously than a standalone stalking allegation.

Question 5

Can I be charged with stalking for text messages, calls, or social media contact?

Accepted Answer

Yes. Alabama's stalking statutes expressly include harassment carried out by telephone, electronic communication, or other means, so repeated unwanted texts, calls, emails, or social media messages can support a charge. What matters is whether the contact was repeated, unwanted, and made for an improper purpose after the person was asked to stop. Digital evidence often cuts both ways, and a careful review of the actual messages is frequently central to the defense.

Question 6

Is cyberstalking a separate crime?

Accepted Answer

Alabama prosecutes online harassment under its general stalking and harassment statutes rather than a single "cyberstalking" law, but repeated threatening or harassing electronic contact can absolutely qualify. Serious cases that cross state lines can also be charged federally under 18 U.S.C. § 2261A. If your case involves internet or phone communications spanning multiple states, it is worth discussing whether federal exposure is a concern with a lawyer who understands both systems.

Question 7

What should I do if I have been accused of stalking?

Accepted Answer

Stop all contact with the accuser immediately, including through friends or social media, and do not attempt to explain or apologize, because those communications can become evidence. Preserve your own records, such as texts, call logs, and location data, but do not delete anything, as that can look like destroying evidence. Then speak with a criminal defense attorney before giving any statement to police. You can reach our Dothan office at 334-366-6086 for a free consultation to discuss your situation.

Question 8

Can stalking charges be filed if the alleged victim contacted me too?

Accepted Answer

The fact that the other person also reached out can be an important part of your defense, because stalking requires unwanted, repeated contact against someone's expressed wishes. If communication was mutual, invited, or ongoing, that context may undercut the claim that the conduct was harassing or unwelcome. Every message and interaction matters, which is why a detailed timeline of the relationship is often key to challenging the allegation.

Question 9

Will a stalking charge automatically result in a restraining order?

Accepted Answer

A stalking accusation frequently comes alongside a request for a protection order, and a court may issue a temporary order before the criminal case is resolved. Violating that order is a separate offense and can escalate a misdemeanor stalking case into an aggravated felony. It is critical to understand the exact terms of any order and to comply with them fully while your defense attorney addresses both the order and the underlying charge.

Question 10

What are common defenses to a stalking charge?

Accepted Answer

Common defenses include showing that the contact was not repeated, that there was no credible threat, that the accused had a legitimate or lawful reason for the conduct, or that the accuser's fear was not objectively reasonable. Mistaken identity, false or exaggerated allegations arising from a contentious breakup or custody dispute, and constitutionally protected speech can also apply depending on the facts. The right strategy depends entirely on the details, so an early, thorough case review is important.

Question 11

How long does the prosecution have to file stalking charges in Alabama?

Accepted Answer

Alabama generally allows about three years to bring most felony charges and roughly one year for misdemeanors, though various exceptions can apply. Because stalking cases often involve a course of conduct rather than a single date, exactly when the clock starts can be a contested legal question. If you believe charges may be delayed or are based on older conduct, an attorney can evaluate whether the applicable time limit affects your case.

Question 12

Why should I hire a local Dothan attorney for a stalking case?

Accepted Answer

Stalking cases are highly fact-specific and often hinge on the credibility of the parties, the meaning of communications, and the terms of any protective order, so having a lawyer who regularly appears in the local courts is a real advantage. Our firm serves Dothan, Houston County, and the surrounding Wiregrass region of southeastern Alabama, and we understand how these matters are handled here. To discuss the specifics of your case and your options, call 334-366-6086 for a free consultation.

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