Have you been accused of stalking someone online? California has some of the strictest stalking laws in the country. Attorney Chambers of the Chambers Law Firm, an experienced cybercrimes defense attorney, can assist you in putting together your best defense.
What is the difference between stalking and cyberstalking?
Stalking is defined by California law as following or harassing someone with the goal of threatening them or their family. The threat is made through an electronic device, such as a computer or cellphone, in cyberstalking.
What does it mean to be a “credible threat”?
A prosecution must show a number of components in order for a cyberstalking charge to be upheld. Threats must be made with the goal of frightening the individual, and they must be credible enough for a reasonable person to believe them. It’s not a credible threat if someone says something so outlandish that no one believes they could actually carry it out.
It makes no difference whether the individual meant to carry out the threat or not. Even if you’re merely trying to terrify someone, you might still be deemed a credible threat. The prosecution is not required to show that the defendant would or could have done so. And claiming that you had no intention of following through isn’t a defense. You can still be judged guilty if a reasonable person believes you are capable of carrying it out. Even if you’re in jail when you make the threat, you might still be found guilty.
Misdemeanor or felony penalties?
The crimes of stalking and cyberstalking are “wobblers,” meaning they can be prosecuted as either a felony or a misdemeanor. This is determined by a variety of circumstances, including the facts of the case and your prior criminal history. You will be charged with a crime if you have a protection order against you or have previously been convicted of stalking.
A misdemeanor is punishable by up to a year in county prison and a $1,000 fine. You might face up to five years in state jail, a $1,000 fine, and the requirement to register as a sex offense offender if you are convicted of a felony.
What is the most effective defense in your case?
The good news is that you can defend yourself against a cyberstalking claim in a variety of ways. Before you may be found guilty, the prosecution must establish all of the components of the offense. It has to be a “credible threat,” among other things. You can claim that it wasn’t a credible threat if you said or wrote anything that wasn’t enough to make a reasonable person concerned, or if it wasn’t something that could reasonably be carried out.
Another justification is that you exercised a constitutional right to do so, such as exercising your right to free speech. Mistaken identification or a false allegation are two more possible defenses.
Contact Chambers Law Firm now by calling 714-760-4088, or emailing dchambers@clfca.com if you have questions concerning your cyberstalking case and the best defense for you.
