Charged with stalking in Kent County? Start with whether the contact was harassment under the statute and what the messages, posts and witnesses actually show
A stalking charge in Grand Rapids, Kentwood, Wyoming or anywhere else in Kent County often grows out of a breakup, a custody dispute, a neighbor or coworker conflict, or a string of texts and social media posts that one person says went too far. Someone reports it, officers collect screenshots and statements, and the prosecutor charges stalking under MCL 750.411h, aggravated stalking under MCL 750.411i, or online posting under MCL 750.411s. Michigan defines these offenses closely. The prosecutor has to prove a willful course of conduct, harassment that would make a reasonable person feel terrorized, frightened, intimidated, threatened, harassed or molested, and that the complainant actually felt that way. The statute also says harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose. Those limits give a defense lawyer a lot to work with.
The short answer. Stalking under MCL 750.411h(2) is a misdemeanor with up to 1 year in jail, a fine of up to $1,000, or both. It is a felony with up to 5 years if the complainant was under 18 and you are at least 5 years older. Aggravated stalking under MCL 750.411i(3) is a felony with up to 5 years, or up to 10 years if the complainant was under 18 and you are at least 5 years older. Posting a message online under MCL 750.411s(2) is a felony with up to 2 years, or up to 5 years with certain aggravating facts. The prosecutor must prove a willful course of conduct, meaning 2 or more separate noncontinuous acts that show a continuity of purpose, and conduct that is constitutionally protected or serves a legitimate purpose is not harassment. Do not contact the complainant, even to apologize, and do not delete anything. Fight it in court, not by text.
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years, and I prepare every stalking case as if it will be tried. Asking early for the complete message threads, the phone records and the account data lets me test what the complainant says against the record before any plea discussion. Big-Firm Power. Street-Level Grit.
This page covers the Michigan stalking, aggravated stalking and online posting statutes, what each carries, what the prosecutor has to prove, the defenses that matter, the consequences most people do not see coming, and how I build a defense. It goes deeper than my Grand Rapids criminal defense lawyer page. If the allegation comes out of a relationship, see also my Grand Rapids domestic violence lawyer page. Nothing here predicts how your case will end, and I do not promise outcomes. I do promise to tell you where you stand.
Michigan stalking charges and penalties
These are the maximums in the statutes. The exposure in your case depends on the facts, your record and the judge.
| Charge | Level | Maximum penalty | Statute |
|---|---|---|---|
| Stalking | Misdemeanor | Up to 1 year in jail, a fine of up to $1,000, or both | MCL 750.411h(2)(a) |
| Stalking where the complainant and the accused are or were spouses, dating partners, parents of a child together or members of the same household | Misdemeanor | Up to 1 year in jail, a fine of up to $1,000, or both | MCL 750.411h(2)(c) |
| Stalking where the complainant was under 18 at any time during the course of conduct and the accused is 5 or more years older | Felony | Up to 5 years in prison, a fine of up to $10,000, or both | MCL 750.411h(2)(b) |
| Aggravated stalking | Felony | Up to 5 years in prison, a fine of up to $10,000, or both | MCL 750.411i(3)(a) |
| Aggravated stalking where the complainant was under 18 and the accused is 5 or more years older | Felony | Up to 10 years in prison, a fine of up to $15,000, or both | MCL 750.411i(3)(b) |
| Posting a message through an electronic medium | Felony | Up to 2 years in prison, a fine of up to $5,000, or both | MCL 750.411s(2)(a) |
| Posting a message with a restraining order, a probation, parole or pretrial release condition, a credible threat, a prior conviction or a complainant under 18 and the accused 5 or more years older | Felony | Up to 5 years in prison, a fine of up to $10,000, or both | MCL 750.411s(2)(b) |
What makes stalking “aggravated.” A stalking course of conduct becomes aggravated stalking if at least one of the acts violated a restraining order of which you had actual notice, or an injunction; violated a condition of probation, parole, pretrial release or release on bond pending appeal; included one or more credible threats against the complainant, a family member or someone in the complainant’s household; or if you were previously convicted of stalking or aggravated stalking. A credible threat is a threat to kill or to inflict physical injury, made in any manner or context, that causes the person receiving it to reasonably fear for their safety or another person’s safety. MCL 750.411i(1)(b); MCL 750.411i(2).
Other charges. A penalty under the stalking statutes may be imposed in addition to a penalty for any other offense arising from the same conduct, and in addition to contempt of court for the same conduct. A stalking case can come with a threat count, a trespass count, a PPO violation or a separate assault charge. MCL 750.411h(5); MCL 750.411i(6); People v. Coones, 216 Mich. App. 721, 728 (1996).
Online posting. The posting statute covers transferring, sending, posting, publishing or otherwise communicating information about the complainant, whether truthful or untruthful, without the complainant’s consent. The state must prove you knew or had reason to know the post could cause 2 or more separate noncontinuous acts of unconsented contact, that you intended to cause conduct that would make the complainant feel terrorized, frightened, intimidated, threatened, harassed or molested, and that the resulting conduct would cause a reasonable person, and did cause the complainant, emotional distress and that feeling. The statute states that it does not prohibit constitutionally protected speech or activity. MCL 750.411s(1); MCL 750.411s(6), (8)(i).
What the prosecutor has to prove
A willful course of conduct. A course of conduct is a pattern of conduct made up of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose. A single argument or visit is one act, not a series. MCL 750.411h(1)(a).
Repeated or continuing harassment. Harassment is conduct directed toward the complainant that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the complainant to suffer emotional distress. Emotional distress means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose. MCL 750.411h(1)(c), (d).
Unconsented contact. The statute gives examples of unconsented contact, and the list is not exclusive: following or appearing within sight of the complainant, approaching or confronting the person in a public place or on private property, appearing at their workplace or home, entering or remaining on their property, phone calls, mail or electronic communications, and leaving an object on or delivering an object to their property. Contact counts if it was initiated or continued without consent or in disregard of the person’s expressed desire that it stop. MCL 750.411h(1)(f).
Fear, from two directions. Stalking means a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested, and that actually causes the complainant to feel that way. The state has to prove both the reasonable-person part and the actual-feeling part. MCL 750.411h(1)(e).
The presumption. If you kept up a course of repeated unconsented contact after the complainant asked you to stop all contact, that evidence gives rise to a rebuttable presumption that the continued conduct caused the complainant to feel terrorized, frightened, intimidated, threatened, harassed or molested. A rebuttable presumption can be answered with evidence, and that is where a defense often goes to work. MCL 750.411h(4).
Intent. The statute calls for a willful course of conduct. Intent is a question of fact that the trier of fact infers from the circumstances. People v. Kieronski, 214 Mich. App. 222, 232 (1995). That cuts both ways, and it is why the full context of the messages and the relationship matters. The Court of Appeals has also quoted a description of the aim of the stalking laws: preventing conduct that carries a real or perceived threat of violence and can escalate to it. That is one reason prosecutors take these cases seriously. People v. White, 212 Mich. App. 298, 311 (1995).
Consequences beyond the sentence
Probation conditions. A court may place a person convicted of stalking on probation for up to 5 years. For aggravated stalking, probation can be ordered for any term of years, but not less than 5. Conditions can include no contact with the complainant and an evaluation and counseling at your own expense. MCL 750.411h(3); MCL 750.411i(4).
A personal protection order. The complainant can ask the family division of the Kent County Circuit Court for a PPO against stalking, whether or not you have been charged or convicted. An order can restrain contact and can prohibit you from purchasing or possessing a firearm. Violating a PPO can be punished as criminal contempt with up to 93 days in jail and a fine of up to $500, in addition to any criminal penalty for the same conduct. MCL 600.2950a(1), (23), (26).
Firearms. A felony conviction bars you from possessing a firearm in Michigan until 3 years after you have paid all fines, served all jail or prison time and completed all probation or parole. If the felony is a “specified felony,” which includes a felony that has the use, attempted use or threatened use of physical force as an element, the wait is 5 years and your firearm rights must also be restored. A conviction for stalking under MCL 750.411h(2)(c), where you and the complainant are or were spouses, dating partners, parents of a child together or members of the same household, is a misdemeanor involving domestic violence and carries an 8-year bar. MCL 750.224f(1), (2), (5), (10)(c)(viii), (10)(d). Federal law is separate. A conviction for a state felony, such as stalking of a minor or aggravated stalking, can also bar you from possessing a firearm under 18 U.S.C. 922(g)(1), and the federal ban has no three-year window. A state misdemeanor punishable by two years or less is outside that statute. 18 U.S.C. 921(a)(20)(B). I check federal law for every client.
A felony record. Aggravated stalking, stalking of a minor by an older person and online posting are felonies. A felony conviction goes on your record and can increase your exposure in any later case.
Record relief is limited. Michigan’s set-aside law counts stalking under MCL 750.411h(2)(a), stalking of a minor under MCL 750.411h(2)(b), and aggravated stalking as assaultive crimes, and an applicant may not have more than two assaultive-crime convictions set aside in a lifetime. Whether you qualify depends on your whole record, so I check it case by case. MCL 780.621(1)(b), (4)(a); MCL 770.9a(3).
Jobs, licenses and school. A stalking conviction or a PPO can affect work that depends on a license or a background check, and housing and school too. If your job, license or enrollment depends on a clean record, tell me at the consultation, because it changes how I approach a plea.
Defenses I look at in a stalking case
Every case is different, and these are the questions I start with.
Was it harassment at all? The statute excludes constitutionally protected activity and conduct that serves a legitimate purpose. Messages about parenting exchanges, a shared lease, money owed or a business dispute, a peaceful protest, or a complaint made to an employer or a regulator may fall on the protected or legitimate side of that line. The question is what the contact was for and how it looked from the start. The Court of Appeals has noted that the protected activity the statute refers to has been described as labor picketing or other organized protests. MCL 750.411h(1)(d); People v. White, 212 Mich. App. 298, 310 (1995).
Was there a course of conduct? The state needs 2 or more separate noncontinuous acts that show a continuity of purpose. I look at dates, times and context, and whether the acts are really one event or unrelated events dressed up as a pattern. MCL 750.411h(1)(a).
Was the contact unconsented? Consent matters, and so does what the complainant said and did. If the complainant kept replying, set up the meetings or started the contact, the messages tell that story. I also look at whether a request to stop was ever made, because the statutory presumption depends on it. MCL 750.411h(1)(f), (4).
Would a reasonable person have felt that way, and did the complainant? Both are required. MCL 750.411h(1)(d), (e). The Court of Appeals measures the first question against a reasonable person in the complainant’s position, and it has reversed an aggravated stalking conviction where a high volume of text messages sent to a probation agent, in context, would not have caused a person in the complainant’s position significant mental suffering. People v. Eichler, No. 371360 (Mich. Ct. App. Sept. 29, 2025) (published). Texts sent afterward, social media activity, a complainant’s own contact with you and statements to friends can show how the person really felt.
Speech and the First Amendment. When the charge rests on words alleged to be threats, the First Amendment sets a floor. The United States Supreme Court has held that the state must show the defendant consciously disregarded a substantial risk that the communications would be viewed as threatening violence. Counterman v. Colorado, 600 U.S. 66, 69 (2023). That rule applies to prosecutions based on alleged true threats, and not to every stalking case, but it gives me a way to challenge a case built on angry or ambiguous speech.
Who actually did it? In online cases the question can be who controlled the account, the phone or the device. Screenshots can be edited, accounts can be faked, and a message can be sent from a shared device. I ask for the account records and the original data, not just screenshots.
The aggravating fact. For aggravated stalking, the state has to prove the aggravator. Did you have actual notice of the restraining order? Was the condition of release in effect on that date? Was the statement really a credible threat? MCL 750.411i(2).
How I defend a stalking or aggravated stalking charge
The full record. I ask for the complete message threads in their original form, call logs and phone records, social media account data, the 911 or dispatch recordings, body camera video, the police reports and any earlier PPO filings. Screenshots alone leave out context, and context often changes the picture. Save your own copies of everything and do not delete a message, a post or an account. Deleting can look like hiding evidence and can cause its own problems.
The complainant’s history. I look at what was said before and after the date of the complaint, including earlier PPO petitions, prior reports and statements to others. Inconsistencies matter, and so do timing and motive.
Your own statements. A statement you gave to an officer, or a message you sent, can be offered against you. A statement you made is not hearsay when the prosecution offers it against you. MRE 801(d)(2). I find out what was said, to whom and whether it was recorded. Do not explain your side to the police or to the complainant.
The bond and PPO conditions. I look at any no-contact order that came with bond and any PPO, because a violation can turn a misdemeanor into aggravated stalking. Follow every condition exactly while the case is open, even if the complainant contacts you first.
The witnesses. In a felony case the preliminary examination is often my first chance to question the complainant and the officers under oath. What they say there can be compared with the messages and the reports later.
Motions and trial. If the evidence does not meet the statute, I raise it by motion and at trial. In many cases the question is what the prosecutor can actually prove from the messages and the timeline, and I prepare every one as if it will be tried.
Ways a stalking case may end without a lasting conviction
Whether any of these is available depends on the facts, your age, your record, the prosecutor and the judge. None is automatic.
Dismissal or acquittal. If the conduct was protected, served a legitimate purpose, was not a course of conduct or did not meet the fear requirement, the case can be dismissed or end in an acquittal.
Delayed sentence. After a plea or a finding of guilt, the court may delay sentencing for up to one year to give you an opportunity to prove your eligibility for probation or other leniency compatible with the ends of justice and your rehabilitation. MCL 771.1(2). What the court does at the end of that year is the judge’s decision.
Youthful trainee status. If the offense was committed when you were at least 18 but under 26, the court may, on a guilty plea and with your consent, assign you to youthful trainee status without entering a judgment of conviction. If you were 21 or older, the prosecutor must consent. Stalking offenses are not among the excluded offenses, which are life felonies, major controlled substance offenses, traffic offenses and certain sex offenses. If you complete the terms, the court discharges you and dismisses the case, and the discharge is not a conviction. MCL 762.11; MCL 762.14.
A plea to a lesser charge. A negotiated plea to a lesser offense can change the jail exposure and what your record looks like. A prosecutor decides whether to offer one, and I do not take that for granted.
Setting aside a conviction later. Michigan lets a person with a conviction apply to the court that entered it to have it set aside. The limit on assaultive crimes described above applies to stalking under MCL 750.411h(2)(a), stalking of a minor and aggravated stalking. MCL 780.621(1)(b), (4)(a); MCL 770.9a(3). Eligibility and timing depend on your whole record.
What happens after a stalking arrest or charge
- The complaint. Someone reports the conduct to police, often with screenshots. Officers take statements and may seek a warrant or make an arrest. Do not contact the complainant.
- Arrest or warrant. You may be arrested, or you may learn of a warrant and arrange to turn yourself in. Call me before you talk to anyone.
- Arraignment. A judge or magistrate reads the charge and sets bond and conditions. A no-contact condition is common. A violation can bring a new charge.
- Pretrial and probable cause. For a misdemeanor the case moves through pretrials in district court. For a felony, you and the prosecutor are entitled to a probable cause conference and a preliminary examination. Both sides must agree to waive the conference, and you can waive the examination only with the prosecutor’s consent. MCR 6.108(A); MCR 6.110(A). The preliminary examination is where I question the witnesses under oath.
- Circuit court and motions. If a felony is bound over, it moves to circuit court, where motions, plea discussions and trial are scheduled.
- Resolution. The case can end in dismissal, a plea to a lesser charge, a delayed sentence or youthful trainee status where available, or a trial.
For the first hours after any Kent County arrest, including bond, the arraignment and what to say to police, see my what happens after an arrest in Kent County page.
Where your Kent County stalking case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A misdemeanor stalking charge is heard in district court. In Grand Rapids that is the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. A felony such as aggravated stalking or online posting starts in district court with an arraignment and a probable cause hearing. If the case is bound over, it moves to the Kent County Circuit Court, the 17th Circuit. A PPO petition is a separate case that goes to the family division of that circuit court.
Why people hire me as their Michigan stalking lawyer
You deal with the lawyer handling your case from the first call to the last day. I give you the strengths and weaknesses of the case straight, including what a conviction would mean for your freedom, your job, your record and your right to own a firearm. I build the case the facts support, and then we decide together how to proceed.
Fees depend on the charge, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people charged with stalking in Kent County
What is the penalty for stalking in Michigan?
Stalking is a misdemeanor with up to 1 year in jail, a fine of up to $1,000, or both. If the complainant was under 18 at any time during the course of conduct and you are 5 or more years older, it is a felony with up to 5 years and a fine of up to $10,000. The judge can also order probation for up to 5 years with conditions such as no contact and counseling at your expense. A stalking penalty can be added to a penalty for another offense from the same conduct.
What is the difference between stalking and aggravated stalking?
Aggravated stalking is stalking plus one of four things: an act that violated a restraining order you had actual notice of, or an injunction; an act that violated a condition of probation, parole, pretrial release or release on bond pending appeal; a credible threat against the complainant, a family member or a household member; or a prior conviction for stalking or aggravated stalking. It is a felony with up to 5 years in prison, or up to 10 years if the complainant was under 18 and you are 5 or more years older. If the case has an aggravator, the state has to prove it.
How many incidents does it take to be charged with stalking in Michigan?
The law requires a course of conduct, which is a pattern made up of 2 or more separate noncontinuous acts that show a continuity of purpose. But two acts are not enough on their own. The conduct also has to be harassment, meaning repeated or continuing unconsented contact that would cause a reasonable person emotional distress and actually does, and it has to be the kind of conduct that would make a reasonable person feel terrorized, frightened, intimidated, threatened, harassed or molested. Constitutionally protected activity and conduct that serves a legitimate purpose are not harassment.
Can I be charged with stalking over texts, calls or social media posts?
Yes. Phone calls and electronic communications to the complainant are listed as unconsented contact, and a separate felony covers posting a message about the person through the internet or another electronic medium when the statute’s intent and effect requirements are met. But speech has limits on what can be punished. The statute says it does not prohibit constitutionally protected speech or activity, and when a case rests on alleged threats, the First Amendment requires the state to show at least that you consciously disregarded a substantial risk that your words would be viewed as threatening violence.
I was served with a stalking PPO. Am I charged with a crime, and what should I do?
Being served with a PPO is not a criminal charge. A PPO is a civil order from the family division of the circuit court, and it can be issued whether or not you have been charged or convicted. An ex parte order, one issued without notice to you, can be entered first. You have 14 days from service or actual notice to file a motion to modify or rescind it unless you show good cause for a later filing, so do not wait. Follow the order exactly. Violating it can be punished as criminal contempt with up to 93 days in jail and a fine of up to $500, and an act in violation of a restraining order can also support an aggravated stalking charge. The order can also bar you from buying or possessing a firearm.
Can a stalking charge be dismissed, reduced or set aside later?
In some cases, but it is not automatic. If the conduct was protected, served a legitimate purpose or did not amount to a course of conduct, the case can be dismissed. If you were at least 18 but under 26 when it happened, the judge may assign youthful trainee status on a guilty plea, with your consent, and a completed assignment ends in a dismissal that is not a conviction. The court may also delay sentencing for up to one year to give you a chance to prove you deserve probation or other leniency. If there is a conviction, the set-aside law counts stalking under MCL 750.411h(2)(a), stalking of a minor and aggravated stalking as assaultive crimes, and no more than two assaultive-crime convictions can be set aside in a lifetime. I tell you which paths fit your case.
Related Michigan pages
For a wider look at charges in Kent County, see my Grand Rapids criminal defense lawyer page. If the allegation grows out of a relationship or household, see my Grand Rapids domestic violence lawyer page. If an assault is alleged along with it, see my Grand Rapids assault lawyer page. If a firearm is part of the case or a PPO restricts one, see my Grand Rapids weapons charges lawyer page. If you are on probation, see my Grand Rapids probation violation lawyer page. For short answers on other Michigan legal questions, see the Michigan legal FAQs page. If a conviction needs to be challenged on appeal, see my Michigan appeals lawyer page. My practice also covers civil rights and business disputes, including civil rights, civil litigation and business litigation.
A stalking allegation can involve a personal protection order. If a violation of one is alleged, see my page on PPO violation charges in Grand Rapids.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text on WhatsApp. Charged with stalking in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.