As more Californians are becoming aware of the harm that stalking may cause to a person, the crime has recently drawn more attention. Even if a person is never hurt physically, being followed or harassed can have a serious negative impact on their wellbeing.
It is hardly surprising that police and prosecutors are more aggressive in charging stalking offences given how severe they are. However, it can be challenging to demonstrate that a person actually committed this crime. Police may be ready to press charges despite the lack of concrete evidence that a stalking incident truly took place.
In these situations, having an experienced criminal defense attorney in San Diego, CA on your side can be the difference between being found guilty and having the charges dropped (or receiving a not guilty verdict). Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Certain Elements Must Be Proven
A prosecution in California has to show that a defendant is guilty of making a credible threat with the goal to put the other person in a reasonable fear for his life (or the safety of his immediate family). This constitutes intentional and malicious harassment of another person. It also constitutes willfully, maliciously, and continually following another person.
In other words, someone must have followed or bothered another individual with the goal of harming them. They must have additionally made threats against that person or their family.
Defense Options to Charges of Stalking
A charge of stalking may be defended in a number of ways. A criminal defense attorney in San Diego, California may first contend that there was just no plausible threat of harm. It wasn’t a credible threat if the alleged stalker made one that was obviously a joke or impossible for them to carry out.
Second, the stalking accusation is invalid if there was no malicious intent to incite fear. The threat must have been intended to instill terror. If someone “threatens” to deliver pizza to someone’s house every week, they may have believed it was a kind gesture even though the other person found it creepy and strange. According to California law, it is not stalking if there was no intention to incite fear.
Third, the alleged defendant’s actions might have fallen inside a constitutionally protected category. For instance, the defendant might protest and bring signs to a local politician’s office every week or perhaps every day. Although the politician may feel harassed and even threatened, the defendant is only participating in constitutionally protected conduct, so this is not stalking.
Potential Consequences for a Conviction of Stalking
The consequences for stalking can be severe. Depending on the specifics of the case and the criminal history of the offender, it can be charged as a misdemeanor or a felony. The penalty for a misdemeanor offense is up to a year in county jail, $1,000 in fines, and/or misdemeanor probation. It carries a felony sentence of up to five years in state prison, felony probation, and/or a fine of up to $1,000. A victim of stalking may also bring a legal lawsuit for stalking-related damages.
Chambers Law Firm is here for you if you have been accused of stalking or any other crime in California. We vigorously defend each and every one of our clients, Californians who have been accused of a variety of charges, from very minor to capital crimes. To arrange a free initial appointment with a criminal defense attorney in San Diego, CA, call us at 714-760-4088 or email dchambers@clfca.com right now.
