Have you been accused of cyberstalking? The stalking laws in California are among the strictest in the nation. Dan E. Chambers, an accomplished cybercrimes Santa Ana criminal attorney with Chambers Law Firm, will assist you in building the strongest case possible. Read on to get answers to questions you might have, and then contact us at 714-760-4088 for a free legal consultation.
What distinguishes stalking from cyberstalking?
According to California law, stalking is the purposeful following, bothering, or threatening of a person and their family. In the case of cyberstalking, the threat is delivered via a computer or mobile phone.
What is the legal definition of a credible threat?
To make a cyberstalking claim credible, the prosecution must demonstrate a variety of factors. The threats must be issued with the intention of frightening the target and must be convincing enough for a sane person to believe them. It’s not a credible threat if the person says something so absurd that nobody would believe they could actually carry it out.
Whether the threat was meant to be carried out or not is irrelevant. Even if you only say anything to terrify someone, it might still be taken as a real threat. The prosecution is not required to show that the defendant would or could have carried out their plan.
Furthermore, claiming that you had no intention of carrying through is not a valid justification. You may still be found guilty if a reasonable person would have thought you were capable of carrying it out. If you make the threat while already incarcerated, you might still be held guilty. Your Santa Ana criminal attorney can help determine the best way to proceed.
What are the penalties for a conviction?
Because stalking and cyberstalking are “wobblers,” they can be prosecuted as either felonies or misdemeanors. This is dependent on a variety of elements, including the particulars of the case and your prior criminal record. You will be charged with a felony if you had a protection order against you or had previously been found guilty of stalking.
A misdemeanor may result in a year in county prison and a $1,000 fine as punishment. If you are found guilty of a felony, you might be sentenced to up to five years in state prison, pay a $1,000 fine, and perhaps register as a sex offender.
What is your case’s best line of defense?
The good news is that you may fight back against a claim of cyberstalking in a variety of different ways. Before you may be found guilty of a crime, the prosecution must establish all of the components of the offence. That it had to have been a “credible threat” is one important component. You can claim that a statement or piece of writing wasn’t a credible threat if it wasn’t sufficient to cause a reasonable person to be alarmed or if it couldn’t be carried out in the actual world.
If you exercised a constitutionally protected right, such as the right to free speech, you may have another defense. False accusations or mistaken identification might be further defenses.
Contact Dan E. Chambers right now if you have questions concerning your cyberstalking case and the best defense for you by calling 714-760-4088 or sending an email to dchambers@clfca.com. You deserve the help of an experienced Santa Ana criminal attorney.
