Stalking Charges Attorney in Milwaukee

Felony-Level Defense Built Around the Facts of Your Case

A stalking charge in Wisconsin isn’t a misdemeanor. Under Wis. Stat. 940.32, every level of the offense is a felony, meaning real prison time is on the table from the start. These charges surface in circumstances where intent and context are genuinely contested: a painful breakup, a workplace dispute, a restraining-order proceeding that spiraled. I’m Jason D. Baltz, and I defend people facing these charges throughout the Milwaukee area. My approach is to investigate the specific facts of your case personally, not hand it off to a team or apply a generic playbook.

Two decades of legal experience and hundreds of criminal cases have shaped how I build a defense. That history matters here because stalking prosecutions turn on contested details, and knowing where to look can make a difference. The consequences extend well beyond any prison sentence, touching employment, housing, and reputation in ways that follow a conviction for years.

If you’ve been charged with or are under investigation for stalking in Milwaukee, contact my office now for a free consultation. I’m available 24/7 at (414) 375-0797.

What Wisconsin Law Requires the State to Prove

Wisconsin Statute 940.32 prohibits stalking when a person repeatedly engages in conduct that would cause a reasonable person to suffer serious emotional distress or fear bodily injury or death. The statute applies an objective standard: not whether this particular person was frightened, but whether a reasonable person in the same circumstances would be. That distinction matters for defense purposes.

To secure a conviction, the prosecution must prove three elements beyond a reasonable doubt:

• Intentional course of conduct with objective impact: The defendant deliberately engaged in a course of conduct directed at the victim that would cause a reasonable person under the same circumstances to suffer serious emotional distress or fear bodily injury or death
• Knowledge: The defendant knew or should have known that at least one act constituting the course of conduct would cause the victim serious emotional distress or reasonable fear of bodily injury or death
• Actual effect: The defendant’s acts actually caused the victim to suffer that distress or fear

“Serious emotional distress” means the victim felt terrified, intimidated, threatened, harassed, or tormented. The state doesn’t need to show the victim sought mental health treatment. One threshold also applies to the conduct itself: a single incident is never enough. Stalking requires at least two separate acts forming a course of conduct over time.

What Counts as a “Course of Conduct”

The statute defines a course of conduct as two or more acts carried out over time that show a continuity of purpose. The list of qualifying acts is specific, and that specificity creates real defense opportunities. If the alleged conduct doesn’t fit within the enumerated categories, the course-of-conduct element may not be satisfied.

Qualifying acts under Wis. Stat. 940.32(1)(a) include:

• Maintaining physical proximity to the victim
• Appearing at a workplace or home
• Entering property the victim occupies
• Contacting the victim by phone, text, email, or social media
• Electronically monitoring the victim
• Sending material or posting about the victim online
• Contacting the victim’s employer, coworkers, or neighbors

A 2021 statutory update expressly confirmed that contact through text messages, social media, and web applications qualifies under the statute. The jury instruction for stalking tells jurors that only enumerated acts count, which means how the alleged conduct is categorized is a legitimate defense question in every case.

Felony Tiers & Penalties Under Wis. Stat. 940.32

The charge level depends on the facts alleged. All three tiers carry felony exposure.

Class I Felony: Baseline Stalking

The baseline offense carries up to 3 years and 6 months in prison and fines up to $10,000. Most stalking charges begin here unless aggravating factors apply.

Class H Felony: Elevated Charge

The charge rises to a Class H felony, carrying up to 6 years in prison, when any of the following exists: a prior violent crime conviction; any prior conviction involving the same victim within the past 7 years; the victim is under 18; the defendant accessed the victim’s personally identifiable information electronically to facilitate the conduct; or the defendant used a pen register, trap-and-trace device, or wire interception. Under State v. Warbelton (2009), a prior violent crime conviction is a substantive element of the Class H offense, not merely a sentencing enhancement.

Class F Felony: Most Serious Tier

A Class F felony carries up to 12.5 years in prison and fines up to $25,000. It applies when the conduct caused bodily harm to the victim or a member of the victim’s family or household, or when the defendant used a dangerous weapon during the course of conduct.

Consequences That Reach Beyond the Sentence

A felony stalking conviction creates a permanent criminal record that appears in background checks for employment and housing. It can strip you of the right to possess firearms under both Wisconsin and federal law. Professional licenses in healthcare, education, law, and finance may also be at risk. Stalking charges frequently run alongside civil proceedings as well: a conviction can be introduced as evidence in restraining-order hearings and family court custody disputes, so the criminal case rarely stays contained to the criminal court. How the criminal matter is handled can affect those parallel proceedings, which is one more reason early, focused defense work matters.

How I Defend Stalking Cases in Milwaukee

I personally investigate the facts of every case I take. That means reviewing digital evidence, gathering records, and interviewing witnesses before the defense strategy is set. Stalking cases often hinge on texts, emails, and social media records that can be challenged, contextualized, or used in your favor if reviewed promptly. Waiting can produce real disadvantages.

Defense strategy in these cases is built from the facts, not from a template. Common angles I examine include:

• Whether the alleged conduct actually fits within the statute’s enumerated acts
• Whether the intentional element is genuinely supported by the evidence
• Whether contact was consensual or mutually voluntary
• Whether there are credibility or motive issues with the accuser
• Whether any evidence was obtained through unlawful surveillance that warrants a suppression motion

The state carries the burden of proving every element beyond a reasonable doubt. If the evidence falls short on serious emotional distress or the requisite fear, acquittal may be required under the law. I don’t route cases through associates or apply the same approach to every client. As a Milwaukee stalking charges attorney, I treat your situation as distinct, and the defense I build reflects that.

Talk to a Milwaukee Stalking Defense Attorney Today

A stalking charge deserves immediate attention. The earlier I can review the facts, the more options may be available. I offer free initial consultations with no obligation, and I’m reachable around the clock because charges don’t follow business hours.

Contact The Law Offices of Jason D. Baltz to discuss your case. Call (414) 375-0797 now to schedule your free consultation.