The term “stalking” has become more popular in recent years. It’s more easily recognized as a crime, which is excellent news for California’s thousands of victims. However, it is frequently abused to characterize actions that a person may simply dislike. So, what does stalking include, and what happens if you’re accused of it?
Keep reading to get the facts. You can then contact Chambers Law Firm at 714-760-4088 if you have been charged with this or a domestic violence crime. We can begin with a free legal consultation.
The specifics of a charge of stalking
A person who “willfully, deliberately, and persistently pursues or harasses another person and makes a credible threat with the aim to place that person in reasonable fear for his or her life, or the safety of his or her immediate family,” according to California law, can be charged with stalking. To put it another way, stalking entails:
- Following another person willfully, deliberately, and persistently
- OR harassing another person willfully and maliciously
- AND making a credible threat with the aim of putting that person in reasonable fear for their safety
- OR the safety of their immediate family.
Stalking consists of two parts: following or bothering the other person AND making a credible threat with the purpose of placing them in fear for their safety. If all components of the stalking offense are not satisfied, a crime has not been committed.
What happens after an accusation of stalking
If you are suspected of stalking, you will very certainly be arrested and prosecuted. Depending on the details of the case and your previous history, it might be prosecuted as a misdemeanor or a felony. When charged as a misdemeanor, stalking is punishable by probation, up to a year in county prison, and/or a $1,000 fine.
Felony stalking is a crime that can result in probation, up to 5 years in state jail, and/or a $1,000 fine. If you violated a court-ordered protection order or have a prior stalking conviction, the crime will always be prosecuted as a felony. In addition to criminal consequences, a stalking victim may seek civil damages for losses incurred as a result of the stalking.
Talk to a criminal defense attorney if you are charged with stalking
An allegation of stalking can be met with a variety of legal arguments. A qualified criminal defense lawyer might claim that the alleged victim was not in reasonable fear for their safety since there was no real danger. The threat was not credible if the individual made a joke or threatened something that was not feasible, such as blasting someone with a laser to make them grow bigger. Similarly, if there was no purpose to instill fear with a “threat,” this might be used as a defense to a stalking allegation.
To find out what your best options are, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
