Level 5 Felony Stalking Charge Defeated at Trial

The Situation

A man was charged with Level 5 felony stalking based on repeated messages allegedly directed to his ex-wife. The former spouses shared a child, and the communications involved that family relationship.

The Legal Challenge and Strategy

At trial, Attorney Nicholson showed that the client believed he was communicating with his son. The defense established that the ex-wife repeatedly intercepted messages intended for the child, undermining the claim that the client knowingly and continuously contacted her.

The Result

The client was found not guilty of stalking.

Why It Matters

Intent and the actual target of a communication can determine whether repeated messages amount to criminal stalking. The defense's message-by-message context prevented a felony conviction.

Practice area(s): Criminal Defense

Court: Hendricks County

Mark Nicholson

Why is Indiana criminal defense and personal injury attorney Mark Nicholson called the Battery Man? Because his first criminal jury trial was a battery case. The case was called the Big Buford Battery case. They charged his client with throwing a big Buford sandwich at the manager through the drive-thru window. Then, his client went through the drive-thru window and allegedly battered the manager. It was all captured on video. The verdict: Not Guilty! His first personal injury case was a car accident. He views car accidents as a form of battery. One car hitting (battering) another, although generally unintentional.

Case Results