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Charged with Harassment, Communicating Threats, or Stalking in Raleigh? Here's What You Need to Know

These charges are taken seriously in North Carolina and can result in protective orders, probation, or jail time. Schedule a confidential consultation with an experienced Raleigh defense attorney to discuss your case. Take the first step. Click below to schedule your consultation today.

If you’ve been charged with harassment, communicating threats, or stalking in North Carolina, you’re facing a legal nightmare that could follow you for years to come. These aren’t just misdemeanors—they’re serious charges that can escalate to felonies, destroy your career, and permanently damage your reputation in the community.

At DeMent Askew Johnson & Marshall, we’ve seen how these charges can devastate lives. We’ve also seen how the right defense can make all the difference between a dismissed case and years of consequences.

Don’t wait another day. The decisions you make right now will determine your future.

North Carolina Stalking and Harassment Laws: What You’re Facing

Stalking (N.C.G.S. § 14-277.3A)

Under North Carolina law, stalking occurs when someone:

  • Willfully on more than one occasion harasses another person without legal purpose, OR
  • Willfully engages in a course of conduct directed at a specific person without legal purpose

AND knows or should know that the harassment or course of conduct would cause a reasonable person to:

  • Fear for their safety or the safety of their immediate family or close associates, OR
  • Suffer substantial emotional distress by placing them in fear of death, bodily injury, or continued harassment

What makes stalking charges particularly dangerous is that the law is intentionally broad. “Course of conduct” includes any two or more acts where someone directly or indirectly follows, monitors, observes, surveils, threatens, communicates to or about a person, or interferes with their property.

You don’t need to make direct threats. You don’t need to have physical contact. Even behavior you believe is innocent can be construed as stalking if prosecutors believe they can prove it caused fear or emotional distress.

Cyberstalking (N.C.G.S. § 14-196.3)

The digital age has created new ways to be charged with harassment. Under North Carolina’s cyberstalking statute, it’s illegal to:

  • Use electronic communication to threaten bodily harm
  • Repeatedly electronically communicate to someone to abuse, annoy, threaten, or harass them
  • Make false statements electronically about someone’s death, injury, or criminal conduct
  • Install or use electronic tracking devices without consent

What most people don’t realize is that social media posts, text messages, emails, and even tags in photos can all be used as evidence in cyberstalking cases.

Communicating Threats (N.C.G.S. § 14-277.1)

This charge occurs when someone:

  • Willfully threatens to physically injure another person or their family members
  • Communicates the threat to that person
  • The threat is made in a manner that would cause a reasonable person to believe it might be carried out
  • The person threatened believes the threat will be carried out

A single text message, heated argument, or moment of anger can result in criminal charges that follow you for years.

Penalties for Harassment, Threats, and Stalking Convictions

The penalties for these charges in North Carolina can be severe:

Stalking:

  • First offense: Class A1 misdemeanor (up to 150 days in jail)
  • Second offense or violation of court order: Class F felony (up to 59 months in prison)
  • Violation after previous conviction: Class H felony (up to 39 months in prison)

Cyberstalking:

  • Class 2 misdemeanor (up to 60 days in jail)

Communicating Threats:

  • Class 1 misdemeanor (up to 120 days in jail)

But here’s what prosecutors won’t tell you: the true punishment extends far beyond any jail sentence. A conviction means:

  • Permanent criminal record visible on every background check
  • Loss of professional licenses in many fields
  • Housing rejections from landlords who screen for criminal records
  • Employment consequences that can last a lifetime
  • Protective orders that limit where you can go and who you can contact
  • Damaged relationships with family, friends, and community

One moment of alleged misconduct—or even a false accusation—could dismantle everything you’ve worked for throughout your life.

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Common Scenarios That Lead to Harassment and Stalking Charges

Based on our decades of experience defending these cases in Raleigh and throughout North Carolina, we see these charges typically arising from:

  • Relationship breakups where continued contact is misinterpreted
  • Custody disputes where one parent uses criminal charges as leverage
  • Workplace conflicts that escalate to accusations
  • Social media activity that crosses boundaries or is misunderstood
  • False accusations motivated by revenge or other personal issues
  • Mental health crises where behavior is misinterpreted as threatening

Many of our clients are ordinary people with no criminal history who never imagined themselves facing criminal charges. They made one mistake—or in many cases, were wrongfully accused—and suddenly found their lives turned upside down.

Why These Cases Require an Experienced Defense Team

Harassment, threats, and stalking cases involve unique legal and strategic challenges:

  • “He said, she said” evidence often requires sophisticated credibility challenges
  • Electronic evidence must be properly authenticated and contextualized
  • Constitutional issues regarding free speech often arise, especially in cyberstalking cases
  • Domestic violence implications can trigger additional legal consequences
  • Protective orders often complicate defense strategies
  • Mental health considerations may provide context for alleged behavior

At DeMent Askew Johnson & Marshall, our criminal defense attorneys have successfully defended hundreds of harassment and stalking cases. We understand these unique challenges and how to effectively address them.

Powerful Defense Strategies That Work in Harassment and Stalking Cases

When facing these serious charges, having the right defense strategy is critical. Our experienced defense team builds customized strategies that may include:

  • Constitutional challenges: As seen in cases like State v. Shackelford, portions of North Carolina’s stalking law have been found unconstitutional as applied in certain situations.
  • Lack of intent: Proving you had no intent to harass, threaten, or cause fear.
  • False accusations: Demonstrating the accuser had motivation to lie or exaggerate.
  • Insufficient evidence: Challenging whether the prosecution can prove all elements of the offense beyond a reasonable doubt.
  • Context and misinterpretation: Showing how communications were taken out of context or misunderstood.
  • Witness credibility challenges: Identifying inconsistencies in the accuser’s story.
  • Alternative resolution options: Exploring diversion programs, deferred prosecution, or mental health treatment alternatives.

Remember, the prosecution must prove every element of the charge beyond a reasonable doubt. With strategic, aggressive defense, many cases can be dismissed, reduced, or resolved without a conviction.

The DeMent Askew Johnson & Marshall Advantage

When you choose our firm to defend against harassment, threat, or stalking charges, you benefit from:

  • 35+ years of combined criminal defense experience
  • Deep relationships within the Raleigh and North Carolina court systems
  • Respected trial attorneys known for aggressive courtroom advocacy
  • Accurate knowledge of complex electronic evidence issues
  • Comprehensive approach that addresses both criminal and collateral consequences
  • 24/7 accessibility during this critical time in your life

We don’t just defend cases—we defend people, reputations, careers, and futures.

Wake County Courthouse
Handles civil and criminal matters in Wake County
  • Address: 300 S Salisbury St, Raleigh, NC 27601
  • Hours: M-F 8:30 A.M.-5 P.M.
  • Phone:(919) 792-4000

What to Do Right Now If You’re Facing Harassment or Stalking Charges

If you’ve been charged with harassment, communicating threats, or stalking in Raleigh or anywhere in North Carolina, time is critical. Here’s what you need to do immediately:

  • Exercise your right to remain silent. Anything you say to police, the alleged victim, or others can and will be used against you.
  • Do not violate any protective orders or no-contact provisions, even if the alleged victim contacts you first.
  • Preserve all evidence that may help your case, including text messages, emails, voicemails, videos, or photos.
  • Contact our office immediately for a confidential case evaluation.

The sooner we can begin building your defense, the more options we’ll have to fight the charges. Early intervention can sometimes lead to charges being reduced or dismissed before they permanently impact your record.

Don’t Face These Charges Alone – Contact Our Raleigh Harassment and Stalking Defense Lawyers Today

At DeMent Askew Johnson & Marshall, we understand what’s at stake when you’re facing harassment, threat, or stalking charges. Your freedom. Your reputation. Your career. Your family. Your future.

Our team of experienced criminal defense attorneys is ready to stand between you and the serious consequences of a conviction.

The consultation is completely confidential.

Call us now or complete our online contact form to schedule your consultation. There’s a right way and a wrong way to handle these charges—let us help you protect everything that matters.

Serving clients in the following counties: Wake, Durham, Orange, Carteret, Chatham, and Johnston.

Areas served

Wake County

  • Raleigh
  • Cary
  • Apex
  • Morrisville
  • Garner
  • Holly Springs
  • Fuquay-Varina
  • Wake Forest
  • Rolesville
  • Knightdale
  • Wendell
  • Zebulon

Carteret County

  • Beaufort
  • Morehead City
  • Atlantic Beach
  • Emerald Isle
  • Newport

Durham County

  • Durham

Orange County

  • Chapel Hill
  • Carrboro
  • Hillsborough

Chatham County

  • Pittsboro
  • Siler City

Johnston County (Smithfield courthouse only)

  • Smithfield

FAQs

What exactly constitutes "stalking" under North Carolina law?

Under North Carolina General Statute § 14-277.3A, stalking occurs when someone willfully harasses another person on more than one occasion or engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. This can include following, monitoring, observing, communicating to or about a person, or interfering with their property.

Can I be charged with stalking even if I never threatened anyone?

Yes. North Carolina’s stalking law doesn’t require direct threats. The prosecution only needs to prove that your pattern of behavior would cause a reasonable person to fear for their safety or suffer substantial emotional distress. Even behavior you believe is innocent can be interpreted as stalking depending on the context and impact.

Can social media posts lead to stalking or harassment charges?

Absolutely. Under North Carolina’s cyberstalking statute (N.C.G.S. § 14-196.3), electronic communications that are meant to abuse, annoy, threaten, or harass someone can lead to criminal charges. This includes posts on social media platforms, even if they’re not sent directly to the alleged victim.

What if the alleged victim initiated contact with me after filing charges?

Even if the alleged victim contacts you first, responding could violate a protective order or no-contact condition of your release. This could result in additional charges or the revocation of your bond. Always consult with your attorney before responding to any contact from the alleged victim.

Can I be charged with stalking if I was just trying to reconcile with my ex?

Unfortunately, yes. What you might view as attempts to reconcile or explain yourself could be interpreted as harassment or stalking if the other person has made it clear they don’t want contact. This is especially true if there have been multiple attempts at communication after being asked to stop.

Will I go to jail if convicted of stalking or harassment?

Possibly. As a Class A1 misdemeanor, first-offense stalking can result in up to 150 days in jail. If you have previous stalking convictions or violated a court order, you could face felony charges with much longer prison sentences. The specific penalty depends on your prior criminal record and the circumstances of your case.

Cases We Handle

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Raleigh, NC 27601 Get Direction
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Morehead City,
NC 28557 Get Direction
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