Minnesota Harassment Lawyer | Fighting Stalking Charges

A Minnesota Harassment Lawyer Explains Minn. Stat. § 609.749 and Your Defense

You never imagined you’d be in this position, reading about criminal charges like harassment or stalking. A situation that likely started as something personal—a painful breakup, a conflict with a neighbor, a heated argument online—has now escalated into a legal nightmare. The police have been involved, and now you’re facing the cold, impersonal machinery of the Minnesota criminal justice system. You feel judged, misunderstood, and terrified of what comes next. The accusation itself feels like a conviction, and the weight of what you stand to lose—your freedom, your reputation, your right to own a firearm, your future—is crushing.

Let me be clear: you are right to be concerned. A harassment or stalking charge in Minnesota is an incredibly serious matter. Prosecutors in counties from Hennepin to St. Louis and cities from Minneapolis to Duluth treat these accusations with extreme gravity. They often hear only one side of the story—the accuser’s—and build their case from that biased perspective. They don’t see the texts the other person sent you, they don’t understand the history of your relationship, and they don’t care that your actions may have been completely misinterpreted. My job is to make them see it. I have defended people across Minnesota, from St. Paul and Rochester to the suburbs of Bloomington and Plymouth, who were in the exact same position you are in now. You don’t have to navigate this hostile landscape alone. Your side of the story deserves to be told, and your rights deserve to be defended.

What Harassment and Stalking Actually Mean in Minnesota

In Minnesota, harassment isn’t just about annoying someone. It’s a specific pattern of conduct done with the intent to injure, harass, or intimidate another person, causing them to reasonably fear substantial bodily harm or experience significant emotional distress. A Minnesota harassment charge can stem from a wide variety of actions, such as repeatedly making phone calls or sending texts, following someone, or even making false allegations against them. The key is the combination of your alleged intent and the impact of your actions on the other person. The law is written broadly, leaving it dangerously open to interpretation by police and prosecutors.

Stalking is an even more severe offense. It involves a pattern of harassing behaviors that the actor knows (or should know) would cause a victim to feel terrorized or fear bodily harm, and the actions do, in fact, cause that reaction. A stalking charge in Minnesota elevates the situation from causing fear to causing terror. It often involves two or more separate harassing acts committed over time. If you are facing a harassment or stalking accusation in cities like St. Cloud or Eagan, you need to understand that the prosecutor will be focused on creating a narrative of obsession and intimidation. Challenging that narrative is the foundation of a strong defense.

Minnesota Law on Harassment and Stalking — Straight from the Statute

The criminal charges you are facing are defined in Minnesota Statute § 609.749. This is the playbook the state will use to try and convict you. While the legal language is dense and complex, it is crucial to see the words that lay out what the government must prove. Below are the key portions of the law that define the crimes of harassment and stalking.

609.749 HARASSMENT; STALKING; PENALTIES.

Subd. 2. Harassment crimes.

(b) A person who commits any of the acts listed in paragraph (c) is guilty of a gross misdemeanor if the person, with the intent to kill, injure, harass, or intimidate another person:

(1) places the other person in reasonable fear of substantial bodily harm;

(2) places the person in reasonable fear that the person’s family or household members will be subject to substantial bodily harm; or

(3) causes or would reasonably be expected to cause substantial emotional distress to the other person.

(c) A person commits harassment under this section if the person:

(1) directly or indirectly, or through third parties, manifests a purpose or intent to injure the person, property, or rights of another by the commission of an unlawful act;

(2) follows, monitors, or pursues another, whether in person or through any available technological or other means;

(3) returns to the property of another if the actor is without claim of right to the property…

(4) repeatedly makes telephone calls, sends text messages, or induces a victim to make telephone calls to the actor…

(6) repeatedly mails or delivers or causes the delivery by any means, including electronically, of letters, telegrams, messages, packages…

Subd. 5. Stalking.

(a) A person who engages in stalking with respect to a single victim or one or more members of a single household which the actor knows or has reason to know would cause the victim under the circumstances to feel terrorized or to fear bodily harm and which does cause this reaction on the part of the victim, is guilty of a felony…

(b) For purposes of this subdivision, “stalking” means two or more acts within a five-year period that violate or attempt to violate the provisions of [this section or various other criminal statutes]…

Breaking Down the Legal Elements of Harassment and Stalking in Minnesota

A prosecutor cannot simply point a finger and secure a conviction. They carry the heavy burden of proving every single element of the charged offense beyond a reasonable doubt. My job is to find the weak link in their chain of proof and break it. If even one element is not supported by credible evidence, the state’s case crumbles. This meticulous, element-by-element analysis is where we begin to build your defense.

Intent: This is the prosecutor’s greatest challenge. They have to prove what was in your mind at the time of the alleged act. For a harassment conviction, they must prove you acted with the specific intent to harass, injure, or intimidate the other person. Actions that are accidental, misunderstood, or done for a legitimate purpose—even if they upset someone—do not meet this high standard. Without proving this malicious state of mind, the state has no case.
The Act: The state must prove you committed one of the specific acts listed in the statute. This could be following someone, repeatedly texting or calling them, showing up at their property, or monitoring them online. The evidence for this alleged act must be concrete. Vague accusations are not enough. We will scrutinize the evidence to determine if your conduct actually fits the narrow legal definition of harassment or stalking, or if it has been exaggerated by the accuser.
The Result (Fear or Distress): Your actions must have caused a specific result. For gross misdemeanor harassment, this means placing someone in reasonable fear of substantial bodily harm or causing them substantial emotional distress. For felony stalking, the bar is even higher: your conduct must have caused the person to feel terrorized or to fear bodily harm. The fear must be reasonable under the circumstances. We can challenge whether a reasonable person would have truly felt that level of fear or if the accuser is overreacting or being untruthful.

Penalties for a Harassment or Stalking Conviction in Minnesota Can Be Severe

Do not make the mistake of thinking a harassment charge is minor. The penalties are harsh, designed to punish, and can permanently alter your life. The consequences go far beyond fines and potential jail time, leading to a loss of fundamental civil liberties. The specific penalty you face depends on the severity of the charge—gross misdemeanor or felony—and a variety of aggravating factors.

Gross Misdemeanor Harassment

Most first-time harassment charges that don’t involve aggravating factors are prosecuted as gross misdemeanors. This is a serious crime, and a conviction carries significant penalties:

Up to 1 year in jail
A fine of up to $3,000
A mandatory firearms prohibition for at least three years

Felony Harassment & Stalking

A harassment charge can be elevated to a felony, or charged as felony stalking from the outset, carrying devastating consequences. This can happen if the act was motivated by bias, involved a weapon, was committed against a minor, or if you have prior convictions.

Felony Harassment (Aggravated Violations): Up to 5 years in prison and a $10,000 fine.
Felony Stalking: Up to 10 years in prison and a $20,000 fine.
Felony with Prior Offenses: A second harassment conviction within 10 years is a felony with up to 5 years in prison. A third is a felony with up to 10 years in prison.
A felony conviction also means a lifetime ban on possessing firearms and the loss of other civil rights, like the right to vote until your sentence is complete.

What This Looks Like in Real Life — Common Scenarios in Minnesota

These charges rarely arise from the clear-cut, black-and-white situations you see on television. They are born from the messy, emotional, and complicated realities of human relationships. Your situation may feel unique, but it likely shares common ground with scenarios that I see regularly in my practice across Minnesota.

The Messy Breakup in Minneapolis

You and your ex-partner just went through a painful breakup in your Minneapolis apartment. You’re hurt and confused, and you try to get answers. You send a series of long text messages and call multiple times, leaving emotional voicemails pleading to talk. You even drive by their new place hoping to see them. To you, it’s an attempt to find closure. To your ex, who is now talking to the police, it’s a pattern of harassment, and now you have a court date.

The Online Argument in Rochester

You get into a heated political or social debate on a Rochester community Facebook page. You post angry comments and send a direct message to someone you disagree with, telling them they should watch their back. You meant it as empty venting and hyperbole, common in the rough-and-tumble world of online discourse. But the other person feels threatened, reports it to the police, and now you’re being investigated for terroristic threats or harassment for speech you thought was protected.

The Neighborhood Dispute in a Maple Grove Suburb

You and your neighbor in Maple Grove have been feuding for months over a fence line. After another argument, the neighbor installs security cameras pointed directly at your yard. You feel watched, so you start documenting every time they come and go. Tensions escalate, and they call the police, claiming you are monitoring and following them, causing them emotional distress. What you saw as protecting your own property is now being twisted into a criminal charge.

A Misunderstood Interaction in a Duluth Bar

You meet someone at a bar in downtown Duluth and have a pleasant conversation. At the end of the night, you ask for their number, and they decline. You ask one more time, thinking maybe you can change their mind. You don’t raise your voice or make any threats. However, the person felt pressured and uncomfortable. Later that week, you are contacted by police because that person reported you for harassment, claiming your persistence put them in fear.

Legal Defenses That Might Work Against Your Harassment or Stalking Charge

When you are accused of harassment or stalking, it can feel like your character is being assassinated. The prosecution will try to paint you as an obsessive, dangerous person. It is my job to dismantle that narrative and present the truth. A successful defense begins with a deep, critical analysis of the prosecution’s case. I will scrutinize every piece of evidence—every text message, email, police report, and witness statement—to find the holes, inconsistencies, and legal flaws.

These cases are rarely as simple as the accuser claims. They are often fueled by anger, revenge, or an attempt to gain leverage in another legal dispute, like a divorce or custody battle. We will build a defense strategy that exposes the full context of the situation and protects you from these false or exaggerated claims. You are presumed innocent, and I will force the state to meet its high burden of proof.

Lack of Criminal Intent

This is often the cornerstone of a powerful defense. The state must prove that you acted with the specific intent to harass, intimidate, or cause fear.

Legitimate Purpose: Perhaps your calls or visits were for a valid reason, such as trying to retrieve your property, discuss child visitation, or handle a shared financial matter. If your actions were motivated by a legitimate purpose rather than a desire to harass, the state cannot prove intent.
Misinterpretation: Your words or actions may have been completely misinterpreted. A sarcastic comment could be taken as a threat, or a passionate plea could be seen as an attack. We can provide the necessary context to show that your actions lacked the malicious intent the law requires.

Constitutionally Protected Speech

The First Amendment protects a wide range of speech, even if it is offensive, angry, or unpopular. This is a critical defense in cases involving online posts, emails, or text messages.

No True Threat: To be a crime, speech must typically rise to the level of a “true threat,” which means a reasonable person would interpret it as a serious expression of an intent to commit an act of unlawful violence. We can argue that your words, while perhaps ill-advised, were merely hyperbole, venting, or political commentary, and did not constitute a true threat.
Peaceful Protest or Picketing: The harassment statute explicitly states that it does not impair the right to engage in lawful and peaceful handbilling and picketing. If your actions were part of a protest or other form of constitutionally protected expression, they cannot be prosecuted as harassment.

False Allegations and Ulterior Motives

Unfortunately, it is not uncommon for individuals to use harassment or stalking allegations as a weapon in a personal dispute. The accuser’s credibility is always a central issue.

Leverage in Family Court: An accuser may fabricate a story to gain an advantage in a divorce or child custody case. A harassment charge can be used to try and secure a favorable custody arrangement or to force the other party out of the marital home.
Motive for Revenge: If the accusation arose after a contentious breakup or a falling out, the accuser may be motivated by anger and a desire for revenge. I will investigate the history between you and the accuser to expose any evidence of bias or a reason for them to lie.

The Conduct Does Not Meet the Legal Definition

The state’s allegations must fit squarely within the narrow definitions in the statute. Often, they do not.

Not a “Pattern” of Behavior: Stalking and some forms of harassment require a pattern of repeated conduct. A single, isolated incident, even if it was inappropriate, does not legally qualify. We can argue that the alleged acts were not numerous or frequent enough to constitute a criminal pattern.
Fear Was Not “Reasonable”: The law requires that the accuser’s fear be reasonable. We can challenge whether a reasonable person in the same situation would have truly felt terrorized or feared substantial bodily harm based on your alleged actions. We will fight against claims based on an accuser’s hypersensitivity or overreaction.

Minnesota Harassment & Stalking FAQs — What You Need to Know Now

Will I go to jail for a harassment charge in Minnesota?

It is a definite risk. A gross misdemeanor carries up to a year in jail, and a felony can result in many years in prison. However, an aggressive defense can create opportunities to avoid jail time through a dismissal, acquittal, or a plea to a lesser charge. The outcome is not predetermined and depends entirely on the strength of your defense.

Can a harassment or stalking charge be dismissed?

Yes, getting the charges dismissed is always my primary goal. A dismissal can be achieved by challenging the evidence before trial, proving a violation of your constitutional rights, or negotiating with the prosecutor to show them the weaknesses in their case. Early and decisive action is key to setting up the possibility of a full dismissal.

Do I really need a lawyer for a charge in St. Paul or Hennepin County?

Absolutely. Facing a harassment or stalking charge without a dedicated defense attorney is a catastrophic mistake. The prosecutor is a trained litigator working for the government. You need a professional on your side who knows the law, the local courts in St. Paul and Minneapolis, and how to protect you from the severe and lifelong consequences you are facing.

What is the difference between a Harassment Restraining Order (HRO) and a criminal charge?

An HRO is a civil matter where a judge orders you to stay away from someone. Violating it is a crime. A criminal harassment charge is brought by the state and can result in jail time and a criminal record. They are separate proceedings, but they are often related. You can be facing both at the same time, and you need a lawyer for each.

How will this charge affect my gun rights?

A conviction for harassment or stalking in Minnesota results in an automatic prohibition on possessing firearms. For a gross misdemeanor, the ban is for a minimum of three years. For a felony, it is a lifetime ban. This is one of the most severe collateral consequences, and protecting your Second Amendment rights is a top priority.

What if I was just trying to get my stuff back after a breakup?

This is a common scenario. While your intent was legitimate, your actions might have been interpreted as harassment. This is a classic “lack of intent” defense. We would argue that your purpose was to retrieve your property, not to harass, and therefore you did not commit a crime.

What if the accuser was contacting me too?

This is crucial evidence. If the accuser was engaging in communication, sending mixed signals, or initiating contact, it can completely undermine their claim that they were in fear or distress. Be sure to save all messages, emails, and call logs from the accuser and provide them to me immediately.

Should I talk to the police or the accuser?

No. Absolutely not. You should politely decline to speak with the police and tell them you are exercising your right to an attorney. Never, under any circumstances, try to contact the accuser to “work things out.” This will be used against you and could lead to additional criminal charges for witness tampering or violating a no-contact order.

How can they prove I intended to cause fear?

Proving intent is the prosecutor’s biggest hurdle. They will use your words, actions, and the surrounding circumstances to try and infer your state of mind. My job is to present an alternative, non-criminal explanation for your actions that creates reasonable doubt about your alleged intent.

What is “substantial emotional distress”?

The statute defines it as mental distress, suffering, or anguish. The victim might demonstrate this by claiming they lost sleep, had trouble at work, or sought therapy. However, this is a very subjective standard. We can challenge whether the distress was truly “substantial” and directly caused by your actions, or if it was the result of other life stressors.

Can I be charged for posts on social media?

Yes. Harassment via electronic means is very common. However, the First Amendment provides strong protections for speech. The speech must typically be a “true threat” or part of a clear pattern of targeted harassment to be considered criminal. We can fight to protect your right to free expression.

What happens at the first court date?

The first court appearance is called an arraignment. You will be formally charged and will plead “not guilty.” The judge will also set conditions of release, which will almost certainly include a No-Contact Order (NCO) preventing you from having any contact with the accuser. It is vital to have me by your side at this hearing.

What if I have a prior conviction?

A prior conviction, especially for a domestic violence-related offense, significantly raises the stakes. It can turn a gross misdemeanor into a felony with mandatory prison time. It is even more critical in this situation to mount an aggressive defense from the very beginning to avoid a second or third conviction.

How long does a harassment conviction stay on my record?

A conviction is permanent unless it is expunged. Expungement seals the record, but it is a separate and difficult process. The best way to keep your record clean is to avoid the conviction in the first place. That is our number one goal.

What is the most important thing I can do right now?

Preserve all evidence (texts, emails, etc.) from the accuser, do not speak to the police, and call a Minnesota criminal defense attorney immediately. The sooner I can get involved, the more I can do to protect you and start building the powerful defense you need.

What a Harassment or Stalking Conviction Could Mean for the Rest of Your Life

The sentence a judge imposes is only the beginning of your punishment. A conviction for harassment or stalking unleashes a torrent of collateral consequences that can erode your freedom and opportunities for decades. This isn’t just a legal problem; it’s a life problem. The stigma attached to these offenses can follow you everywhere.

The Permanent Stain of a Criminal Record

A conviction for harassment or stalking brands you with a label that suggests you are dangerous, predatory, and unstable. This public record can be accessed by employers, landlords, and anyone else who runs a background check. It can define how people see you, destroying your reputation in your community and online. Overcoming this stigma is an uphill battle that can last a lifetime, regardless of the actual facts of your case.

Career and Employment Roadblocks

In today’s competitive job market, a clean background check is essential. A conviction for harassment or stalking can be an automatic disqualifier for countless jobs, especially those in education, healthcare, childcare, law enforcement, or any field requiring a professional license or security clearance. You may lose the career you’ve built and find it nearly impossible to find meaningful employment, jeopardizing your financial security.

Lifelong Firearm Prohibition

This is one of the most direct and severe consequences. Under Minnesota law, any conviction for harassment or stalking—even a gross misdemeanor—results in a mandatory firearms ban of at least three years. A felony conviction means you lose your Second Amendment rights for life. For Minnesotans who hunt, engage in sport shooting, or simply believe in their right to self-defense, this is a devastating and permanent loss of a constitutional right.

Strained Family Relationships and Custody Issues

These charges often arise from domestic situations, and a conviction can shatter family bonds. It can be used as powerful ammunition against you in divorce proceedings and child custody battles. A judge may view you as a danger to your children and severely limit or deny your custody or parenting time. The conviction can become a weapon that your ex-partner or other family members can use against you indefinitely.

Why You Need a Tough, Experienced Minnesota Harassment & Stalking Attorney

Facing the power of the government with your future on the line is not a fair fight. The system is designed to secure convictions. You need a fighter in your corner, an advocate whose sole focus is protecting you. You need a defense attorney who understands the nuances of Minnesota’s harassment laws and who is prepared to challenge the prosecution at every turn.

I Will Tell Your Side of the Story

Harassment and stalking cases are notoriously one-sided. The police and prosecutor often build their entire case around the accuser’s narrative without ever hearing the other side. They don’t know the full context, the history, or the motivations at play. My most important job is to be your voice and to tell your side of the story. I will present the evidence and the arguments that show your actions in their true light, countering the prosecution’s biased narrative and forcing them to confront the whole truth, not just the parts that fit their theory.

Protecting You From a Vengeful or Dishonest Accuser

These charges are ripe for abuse. I know how to investigate an accuser’s background and motivations to uncover evidence of dishonesty or an ulterior motive. Is the accuser trying to gain leverage in a custody dispute? Are they seeking revenge after a bad breakup? I will scrutinize their claims, compare their statements to the actual evidence, and expose any inconsistencies or outright lies to the prosecutor and the court. You should not have your life ruined by a false accusation, and I will not stand by and let that happen.

Mastering the Complexities of Minnesota’s Harassment Laws

Minnesota Statute § 609.749 is a complex and constantly evolving law. Understanding its specific definitions, its relationship with constitutional rights like free speech, and how it is applied in local courts from Brooklyn Park to Woodbury is critical. I focus my practice on criminal defense and have a deep understanding of these statutes and the defenses that work. I know the local prosecutors and judges and how to build a defense that resonates in the specific courthouse where your case will be heard. This inside knowledge is a powerful advantage.

A Strategic Defense Focused on Results

My approach is proactive and aggressive, aimed at achieving the best possible result for you. I don’t wait for the prosecution to act; I go on the offensive. This means immediately investigating your case, preserving evidence, filing legal motions to challenge the state’s evidence, and preparing for trial from day one. Whether the best outcome is a complete dismissal, a reduction to a non-criminal offense, or a not-guilty verdict from a jury, my entire strategy will be tailored to achieving that goal and protecting your future.

Facing Harassment or Stalking Charges in Minnesota?