Connecticut General Statutes § 53a-181c – Stalking in the First Degree

Stalking in the first degree is one of Connecticut’s most serious stalking offenses. C.G.S. § 53a-181c elevates stalking to a felony when certain aggravating factors are present, such as a prior conviction, violation of a court order, or the use of a deadly weapon.

Being charged under this statute can turn your life upside down overnight. A felony stalking conviction can mean years in prison, permanent loss of rights, and devastating effects on your career and reputation. Police and prosecutors treat these cases aggressively, particularly when they involve domestic relationships.

If you are facing this charge, it is crucial to understand what it means and what defenses may be available.

A person commits stalking in the first degree when they:

• Engage in conduct that would amount to stalking in the second degree, and
• Do so with aggravating factors such as:
  • A prior conviction for stalking,
  • Violation of a court order (such as a protective or restraining order), or
  • Use or threat of a deadly weapon during the course of conduct.

• Underlying Conduct: The same “course of conduct” causing reasonable fear or distress as in stalking in the second degree.
• Aggravating Factors:
  • Prior conviction for stalking,
  • Violation of a protective order, or
  • Use or threat of a deadly weapon.

• Repeatedly contacting or following an ex-partner while subject to a protective order.
• Brandishing a weapon or making threats of violence during a pattern of stalking behavior.
• Being charged with stalking again after a prior stalking conviction.

Stalking in the first degree is a Class D felony in Connecticut. Potential penalties include:

• Up to 5 years in prison
• Fines up to $5,000
• Up to 3 years of probation

• Permanent Felony Record: Visible to employers, landlords, and licensing boards.
• Loss of Firearm Rights: Felony convictions result in a lifetime ban on firearm possession.
• Immigration Consequences: Non-citizens can face deportation or denial of re-entry.
• Professional Impact: May result in the loss of professional licenses and serious career setbacks.

• Stalking in the Second Degree (C.G.S. § 53a-181d): A Class A misdemeanor requiring repeated conduct causing fear or distress.
• Stalking in the Third Degree (C.G.S. § 53a-181e): A Class B misdemeanor; less severe but still carries a criminal record.
• Violation of a Protective Order (C.G.S. § 53a-223): Often charged alongside first-degree stalking; a Class D felony.
• Harassment in the Second Degree (C.G.S. § 53a-183): Related offense involving electronic or written harassment.

Facing a felony stalking charge does not mean you will be convicted. Common defense strategies include:

• No Course of Conduct: Showing the alleged behavior was not repeated or did not rise to the level of stalking.
• No Aggravating Factor: Proving that no protective order was violated, no weapon was involved, or no prior conviction exists.
• Lack of Reasonable Fear: Demonstrating that a reasonable person would not have been in fear under the circumstances.
• Mistaken Identity: Establishing that someone else was responsible for the conduct.
• Constitutional Defenses: Challenging unlawful searches, seizures, or due process violations.

Felony charges are serious, but in some cases, it may be possible to:

• Negotiate a reduction to a misdemeanor offense,
• Seek Accelerated Rehabilitation (AR) if the case facts support eligibility (rare in first-degree, but sometimes possible for negotiated reductions), or
• Challenge evidence pre-trial, leading to dismissal or acquittal.

Stalking in the first degree is a felony that can follow you for life. Prosecutors aggressively pursue these cases, and the penalties are severe.

At Allan F. Friedman, Criminal Lawyer, we bring:

• Over 30 years of experience defending felony cases in Connecticut.
• Deep knowledge of local courts in Stamford, Norwalk, Bridgeport, and surrounding areas.
• Proven results securing dismissals, reduced charges, and acquittals.

Your freedom, reputation, and future are on the line—you need a defense lawyer who knows how to fight back.

If you have been charged with stalking in the first degree under C.G.S. § 53a-181c, you are facing a serious felony that demands immediate action.

Call (203) 357-5555 today for a free, confidential consultation. We are available 24/7 to defend your rights and protect your future.