Prosecutors must prove two elements to convict you of this crime.
In the wake of the #MeToo movement, more people are talking about gender-based crimes, such as sexual harassment and stalking. These types of offenses have long persisted in our country, yet many people may not understand what exactly they are — particularly as they are defined under California law.
This is particularly true when it comes to stalking. As our ability to communicate has expanded exponentially, so has the ability for people to make contact when it isn’t wanted. But when does that cross the line from unwanted contact to stalking? According to an experienced criminal defense lawyer Riverside, CA, stalking requires more than just someone getting in touch with you when you don’t want them to — and it is more than just making someone uncomfortable.
Under California law, you are guilty of the crime of stalking if you willfully, maliciously and repeatedly follow or willfully and maliciously harass another person AND make a credible threat against that person, with the intent of placing him or her in reasonable fear. To convict you of this crime, the prosecution must prove two separate elements:
- You willfully and maliciously harassed or repeatedly followed a person; and
- You made a credible threat against that person with the intent to place that person in reasonable fear for his/her safety or the safety of his/her immediate family.
For the first element, willfully means that you did something on purpose. Maliciously means that you did something for the purpose of disturbing, annoying or injuring another person. Harassment is a knowing and willful course of conduct directed at a specific person for the purpose of seriously alarming, annoying, tormenting, or terrorizing that person. In other words, if you kept accidentally calling someone late at night because you misdialed, that wouldn’t be considered stalking because it was an accident. However, if you did it on purpose in order to wake them up or to scare them, that may meet the first element of the statute.
For the second element, the prosecutor must demonstrate that you made a credible threat against the person, which is a verbal or written threat that you have the means to carry out. It can be delivered in person, in writing or through electronic communication. To be considered credible, you don’t have to actually do what you threaten, but you must have the ability to carry out the threat. For example, if you threaten to shrink someone with your x-ray gun, that wouldn’t be a credible threat since it is impossible. But if you told the same person you were going to beat them up, that could be a credible threat.
Under California law, stalking is a wobbler offense, which means that it could be charged as either a felony or a misdemeanor, depending on the facts of the case. Misdemeanor stalking is punishable by up to 1 year in county jail and a fine of up to $1,000. Felony stalking is punishable by between 16 months to 3 years in jail, and potential registration as a sex offender.
California takes the crime of stalking seriously, which is why it is important to have a top notch criminal defense lawyer Riverside, CA to defend you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced attorney today.
