Stalking: California Penal Code 646.9

As one of the first states to pass stalking laws in the early 1990s, California is very proactive in alleged incidences of stalking and harassment. From the arresting officer to the judge, people are very sensitive to the alleged victim in this case and we understand you might feel like your voice is not being heard. These offenses are typically highly emotional. More than likely you are very close to or at least know the person who the courts are alleging you stalked. We know how these accusations can affect a person.

Your actions may have been misinterpreted by the alleged victim or the police. Perhaps you just want help in making sure your side of the story is told. We can do that. We can ensure that your rights are being looked after at every stage of this trying process.

California Penal Code 646.9 defines stalking as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear of their safety or the safety of their family.

Simple stalking can be charged as either a felony or misdemeanor and is punishable by up to one year in jail and fines of up to $1,000.

Notice that you do not have to intend to follow through with the threat, the only intent required is the intent to cause fear in the other person. So even if you didn’t mean what you said but only meant to frighten the alleged victim, you could be charged with stalking.

If you are charged with stalking and there was any type of restraining order in place, you will face a much harsher felony sentence of up to 4 years in a California prison.

Likewise, if you have prior stalking convictions, you may be punished more severely.

California’s stalking law also applies to cyber-stalking, or threats and harassing behavior committed over the internet through email, chat, or other communications.

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