Have you been accused of cyberstalking? California’s stalking laws are some of the toughest in the country. Experienced cybercrimes defense attorney, Dan E Chambers of the Chambers Law Firm can help you make your best defense.
How is cyberstalking different from stalking?
California law defines stalking as intentionally following or harassing a person, and threatening them or their family. With cyberstalking, the threat is made using an electronic device, such as a computer or cellphone.
What is a “credible threat”?
There are a number of elements that a prosecutor must prove in order to make a cyberstalking accusation stick. The threats must be made with the intent to scare the person, and the threats must be credible enough that a reasonable person would find them believable. If someone says something so outrageous that no one would seriously believe that they could carry it out, it’s not a credible threat.
However, it doesn’t matter whether the person intended to carry out the threat or not. Saying something just to scare somebody can still be considered a credible threat. The prosecution doesn’t have to prove that the defendant would have or could have followed through. And it’s not a defense to argue that you had no intention of following through. If a reasonable person could believe that you could carry it out, you can still be found guilty. You could even be in jail when you make the threat, and still found guilty.
Penalties: Misdemeanor or Felony?
Stalking and cyberstalking are “wobblers,” which means that the crime might be charged as either a felony or a misdemeanor. This depends on a number of factors, such as the specific facts of the case and your previous criminal history. If you had a protective order against you, or were previously been convicted of stalking, you will automatically be charged with a felony.
Penalties for a misdemeanor could include a year in county jail and a $1,000 fine. If you are convicted of a felony, you might face up to five years in state prison, be fined $1,000, and may be even have to register as a sex crime offender.
What is the best defense for your case?
The good news is that there are a number of ways to defend yourself from an accusation of cyberstalking. The prosecution must prove all the elements of the crime before you can be found guilty. One key element is that it must have been a “credible threat.” If you said or wrote something, but it wasn’t enough to make a reasonable person afraid, or it wasn’t something that could realistically be carried out, you can argue that it wasn’t a credible threat.
Another defense is if you did something that you had a constitutional right to do—such as exercise your right to free speech. Other defenses might be mistaken identity or a false accusation.
If you have questions about your cyberstalking case and the best defense for you, contact Dan E Chambers today by calling 714-760-4088, emailing dchambers@clfca.com, or sending an online message via the Chat box at the bottom right of this page.
