Last week, Christian Hobby pled guilty to aggravated assault, aggravated battery, felony obstruction, aggravated assault on a peace officer, misdemeanor obstruction, giving false information, aggravated stalking, and child cruelty. These convictions came a year after the charges he received last summer.
Hobby admitted that last summer he beat his two year-old son, hit the Cobb Police Captain, James Bullock, repeatedly in the face with a railroad spike, and contacted a woman in violation of a temporary protective order.
Stalking in Georgia is defined by O.C.G.A. §16-5-90.
“A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms "computer" and "computer network" shall have the same meanings as set out in Code Section 16-9-92; the term "contact" shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term "place or places" shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term "harassing and intimidating" means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.”
Additionally, a person can also commit the offense of stalking in Georgia when they violate any terms of a court order intended to prevent harassment or stalking. The penalty for stalking in Georgia is a misdemeanor. This means that the accused person will be facing a sentence of up to twelve months in jail. If convicted, a judge may require the defendant to get a psychological evaluation and may order a permanent restraining order to protect the victim.
Aggravated stalking in Georgia is defined by O.C.G.A. §16-5-91.
- In addition to the statute above defining stalking, aggravated stalking includes the following circumstances.
- The person displays a deadly weapon in the course of stalking
- The victim is less than 18 years-old, and the person is five years older or more than the victim
- The person has been previously convicted of stalking within a seven year time frame
- The person threatens the victim or the victim's family
The penalty for aggravated stalking in Georgia is a felony. This means that the accused person will be facing a sentence of up to ten years in prison.
Stalking is a serious crime in Georgia and has serious penalties. If you or a loved one has been accused of stalking or aggravated stalking in Georgia, you need to contact a top-rated Georgia Criminal Defense Lawyer today.