Criminal Defense Attorney for Stalking Charges in California

Summary:

Facing stalking charges in California is a serious matter that requires immediate legal intervention. Stalking, as defined under Penal Code 646.9, can result in severe penalties, including jail time, restraining orders, and long-term consequences such as difficulty securing employment or housing. A skilled criminal defense attorney can challenge the prosecution’s case by scrutinizing evidence, questioning intent, and presenting strong defenses to reduce or dismiss charges. Proactive legal representation is critical to protect your rights and future.

What This Means for You:

• Immediate Action: If you are arrested or accused of stalking, do not speak to law enforcement without an attorney present. Contact a defense lawyer immediately to protect your rights and begin building your case.
• Legal Risks: A conviction can lead to jail (up to 5 years for felony stalking), fines up to $1,000, restraining orders, and mandatory counseling. Repeat offenses or violations of protective orders worsen these penalties.
• Financial Impact: Beyond attorney fees, expect costs for legal filings, expert witnesses, therapy programs (if mandated), court fees, and possible civil lawsuit damages.
• Long-Term Strategy: A strong defense may lead to reduced charges, expungement eligibility, or alternative sentencing. Post-conviction, explore record-clearing options to minimize career and personal repercussions.

Top Criminal Defense Attorney for Stalking Charges in California | Expert Legal Help

Stalking Under California Law Explained:

Under California Penal Code 646.9, stalking is defined as willfully, maliciously, and repeatedly following or harassing another person in a way that places them in reasonable fear for their safety or their family’s safety. The prosecution must prove:

• Intent: The accused acted maliciously and knowingly.
• Repetition: Multiple instances of following or harassment.
• Fear: The victim genuinely feared for their safety.

Stalking can be charged as a misdemeanor or felony, depending on prior convictions and the severity of conduct. Aggravating factors, such as violating restraining orders, increase the likelihood of felony charges.

Types of Stalking Offenses:

Simple Stalking (Misdemeanor): First-time offenses without aggravating factors may be charged as misdemeanors, punishable by up to one year in jail and a $1,000 fine.

Aggravated Stalking (Felony): If the defendant has a prior stalking conviction, a restraining order violation, or the victim suffered credible threats, the case may be filed as a felony (up to 5 years in prison). Cyberstalking (using electronic communications to harass someone) is also subject to enhanced penalties.

Common Defenses:

Lack of Intent: Demonstrating no malicious intent (e.g., coincidental encounters or mistaken identity) weakens the prosecution’s case. If contact was consensual or non-threatening, a defense attorney can argue the charges are unfounded.

False Allegations: Stalking accusations sometimes arise from misunderstandings, disputes, or ulterior motives (e.g., divorce proceedings). Defense strategies include presenting alibis, witness testimony, or digital communications to refute the claims.

First Amendment Protections: In some cases, perceived harassment may be constitutionally protected speech (e.g., peaceful protests, lawful picketing). An attorney can file motions to dismiss if free speech rights are at stake.

Penalties and Consequences:

• Jail Time: Up to 1 year for misdemeanors, 2-5 years for felonies (longer if probation is violated).
• Fines: Up to $1,000, plus court fees and restitution to victims.
• Restraining Orders: Mandatory protective orders may restrict contact with the victim.
• Probation: Up to 5 years with conditions such as mandatory counseling.
• Collateral Consequences: Loss of firearm rights, difficulty finding employment, immigration consequences for non-citizens, and damage to personal reputation.

Legal Process:

1. Arrest & Booking: If arrested, you will be booked, photographed, and may be held for bail.
2. Arraignment: You will enter a plea (guilty, not guilty, no contest) in court.
3. Preliminary Hearing (Felony Cases): The judge evaluates evidence to determine if the case proceeds.
4. Discovery & Pre-Trial Motions: Your attorney gathers evidence and may file motions to suppress evidence or dismiss charges.
5. Plea Bargaining: Negotiating for reduced charges or alternative sentencing is common.
6. Trial: If no plea is reached, the case goes to trial before a judge or jury.
7. Sentencing: If convicted, the judge imposes penalties based on statutory guidelines.

Choosing a Criminal Defense Attorney:

Selecting an attorney with specific experience in stalking cases is crucial. Key considerations include:

• Track Record: Look for successful case dismissals, reductions, or acquittals in stalking cases.
• Local Knowledge: Familiarity with California courts and prosecutors can lead to better outcomes.
• Communication: Choose an attorney who keeps you informed and explains legal options clearly.
• Fee Structure: Understand upfront costs (hourly vs. flat fees) and payment plans.

People Also Ask:

1. Is stalking a felony in California?
Stalking can be charged as either a misdemeanor or felony, depending on prior convictions and the severity of the conduct. Felony stalking carries harsher penalties, including up to 5 years in prison.

2. How do I fight a false stalking accusation?
A strong defense may involve proving mistaken identity, presenting exculpatory evidence (e.g., GPS data, alibis), or demonstrating that the accusation was made maliciously. Consult an attorney immediately to build a strategy.

3. Can I get a stalking charge expunged?
If convicted, you may be eligible for expungement under Penal Code 1203.4 after completing probation, provided no new crimes are committed. An attorney can file the petition to clear your record.

Case Examples:

People v. Halgren (2004) – The court ruled that “credible threat” must be proven for stalking convictions.

People v. Lee (2015) – A reversal of a stalking conviction due to insufficient evidence of fear.

Extra Information:

California Penal Code § 646.9 – Official text of stalking law.
California Courts Self-Help – Restraining Orders – Info on protective orders and legal procedures.

Expert Opinion:

“Stalking charges demand aggressive defense strategies. Early intervention by an attorney can prevent wrongful convictions by challenging weak evidence or improper police procedures. Your future is too important to leave to chance.”

Key Terms:

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