Practice Area
Threatening communications and stalking charges in Virginia can arise from text messages, social media posts, emails, and in-person conduct. These charges carry serious criminal penalties and often come with protective orders that restrict your daily life. D.J. Rivera provides aggressive defense for all threats and stalking charges.
Free Consultation — Available 24/7Virginia Code § 18.2-60 makes it a Class 1 misdemeanor to threaten to kill or do bodily harm to another person or their family with the intent to place that person in reasonable apprehension of death or bodily harm. Written threats are a Class 6 felony. Stalking (§ 18.2-60.3) is defined as engaging in conduct directed at another person on two or more occasions that causes that person to reasonably fear death, criminal sexual assault, or bodily injury. First-offense stalking is a Class 1 misdemeanor; subsequent offenses are Class 6 felonies.
Cyberstalking — using electronic communications to stalk or harass — is covered by both § 18.2-60.3 and § 18.2-152.7:1. D.J. Rivera has particular expertise in cyberstalking cases, given his background in computer engineering and Internet law through iCyberLaw — Rivera Law Group.
| Offense | Code | Classification | Penalty |
|---|---|---|---|
| Threatening Bodily Harm (verbal) | § 18.2-60 | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
| Threatening Bodily Harm (written) | § 18.2-60 | Class 6 Felony | Up to 5 years |
| Stalking (1st offense) | § 18.2-60.3 | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
| Stalking (2nd offense) | § 18.2-60.3 | Class 6 Felony | Up to 5 years |
| Stalking (3rd+ offense) | § 18.2-60.3 | Class 6 Felony | Up to 5 years (enhanced) |
| Harassment by Computer | § 18.2-152.7:1 | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
| Violation of Protective Order | § 16.1-253.2 | Class 1 Misdemeanor / Class 6 Felony | Up to 12 months / up to 5 years |
| Interstate Stalking (federal) | 18 U.S.C. § 2261A | Federal Felony | Up to 5 years (enhanced if injury) |
First Amendment and free speech: Not all threatening language constitutes a criminal threat. The First Amendment protects hyperbolic, figurative, and political speech. D.J. Rivera analyzes whether the alleged threat constitutes a "true threat" under the constitutional standard established in Virginia v. Black and subsequent cases.
Challenging the "course of conduct" element: Stalking requires a pattern of conduct — two or more incidents. D.J. Rivera challenges whether the alleged incidents constitute a legally sufficient "course of conduct" and whether each incident was directed at the alleged victim with the requisite intent.
Challenging the reasonableness of fear: Stalking requires that the alleged victim's fear be objectively reasonable. D.J. Rivera challenges whether a reasonable person in the alleged victim's position would actually have feared death or serious bodily harm based on the defendant's conduct.
Digital evidence challenges: Many threats and stalking cases involve digital evidence — text messages, emails, social media posts. D.J. Rivera, with his background in computer engineering and Internet law, is uniquely positioned to challenge the authenticity, attribution, and context of digital communications.
D.J. Rivera provides aggressive defense for all threats and stalking charges, including cyberstalking. Free consultation available 24/7.
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