Stalking Charges in Tennessee

Nashville Stalking Defense Lawyers

A stalking charge in Tennessee can arise from ongoing personal conflicts, breakups, workplace disputes, or situations where one person claims to feel threatened or harassed by another’s repeated conduct. Unlike many violent offenses, stalking cases often do not involve physical contact. Instead, they frequently stem from text messages, phone calls, social media activity, following someone in public, or continued communication after a relationship has ended.

Many people are shocked to learn that behavior they viewed as emotional, persistent, or well-intentioned can be interpreted as criminal stalking under Tennessee law. Once an allegation is made, law enforcement may rely heavily on one person’s account and limited evidence when deciding whether to make an arrest. Even a first-time charge can result in no-contact conditions, protective orders, and serious long-term consequences.

At Freeman & Fuson, we understand that stalking cases are rarely simple. They often involve heightened emotions, miscommunication, and complex personal dynamics. Our attorneys take the time to understand the full context, examine the evidence, and develop a defense strategy focused on protecting your rights, reputation, and future.

Practice Areas 

What Counts as Stalking in Tennessee?

Stalking is defined under Tennessee Code Annotated § 39-17-315. Under this statute, stalking involves a course of conduct—not a single incident—directed at a specific person that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or alarmed.

The law focuses on repeated behavior and the effect it has on the alleged victim, rather than physical contact alone. Stalking allegations may involve in-person conduct, electronic communication, or indirect contact through third parties.

A person may be charged with stalking when the State alleges:

1. Repeated Conduct Toward a Specific Person

The behavior must occur more than once and be directed at a particular individual. One isolated interaction is generally not enough.

2. Intentional or Knowing Behavior

The State must claim the conduct was intentional or knowing, not accidental or incidental.

3. Conduct That Causes Fear or Distress

The behavior must occur more than once and be directed at a particular individual. One isolated interaction is generally not enough.

4. Actual Emotional Impact

The prosecution must also show that the alleged victim actually experienced fear, intimidation, or distress as a result of the conduct.

Because these elements rely heavily on interpretation, context plays a critical role in stalking cases.

Stalking and Electronic Communication

Modern stalking cases frequently involve electronic evidence, including:

• Text messages and call logs
• Emails and direct messages
• Social media posts, tags, or comments
• GPS data or location-based accusations

What one person considers communication or an attempt to resolve an issue, another may interpret as threatening or unwanted. Digital evidence is often incomplete or taken out of context, which makes careful analysis essential.

Penalties for Stalking in Tennessee

Stalking charges may be prosecuted as misdemeanors or felonies depending on the circumstances, prior convictions, and whether court orders are involved.

Potential penalties include:

• Classification as a Class A misdemeanor or felony offense
• Jail or prison time
• Fines and court costs
• Probation
• Mandatory no-contact or stay-away orders
• Enhanced penalties for prior stalking convictions or violations of protective orders
  

A stalking conviction can also result in a permanent criminal record that affects employment, housing, and professional licensing.

Stalking Allegations Often Involve Misunderstanding and Emotion

Stalking cases frequently arise from situations involving:

• Breakups or divorces
• Custody or co-parenting disputes
• Workplace disagreements
• Neighbor conflicts
• Unresolved personal disputes
• Emotional or impulsive communication

Police often make arrest decisions based on limited information, without reviewing the full history of communication or whether contact was mutual.

That is why it is critical to have an attorney who will closely examine:

• The full context of all communications
• Whether contact was mutual or one-sided
• Who initiated or continued the interaction
• Phone records, screenshots, messages, and metadata
• Credibility issues and inconsistencies
• Whether the conduct meets the legal definition of stalking
• Any history of conflict, provocation, or retaliation
  

Mark Freeman and Joseph Fuson are known for digging deeper than surface allegations and presenting the full story—often making a meaningful difference in how these cases are resolve

How We Defend Stalking Charges

At Freeman & Fuson, we defend stalking cases through careful investigation, legal analysis, and strategic advocacy.

Defense strategies may include:

Because stalking cases often hinge on subjective interpretation, an experienced defense strategy can be critical to protecting your record.