Stalking is a term many people use casually in everyday conversation, but this crime’s legal implications carry a significant weight in California. Under Penal Code 646.9, stalking is a criminal offense with serious consequences. This post will explain the specifics of stalking charges in California and why experienced legal representation is essential for anyone facing such allegations.
What Constitutes Stalking Under California Law?
In California, the legal definition of stalking involves willfully, maliciously and repeatedly following or harassing another person, coupled with a credible threat that places the victim in reasonable fear for the safety of themselves or their immediate family.
Stalking can manifest in several forms, including physically following someone, persistent unwanted communication and sending unsolicited gifts. In the digital age, cyberstalking has become increasingly prevalent and is equally punishable under the law.
The Legal Penalties for Stalking
The penalties for a stalking conviction in California are severe, reflecting the gravity of the offense. Those found guilty under Penal Code 646.9 can face:
- Up to five years in jail or prison.
- Significant fines.
- A restraining order or protective order.
- Mandatory counseling or psychological treatment.
These penalties can be even more severe if the stalking occurs within the context of a restraining order or if you have prior stalking convictions.
The Importance of Legal Representation
If you stand accused of stalking under Penal Code 646.9, your next steps can significantly impact your case’s outcome of your case. First, seek experienced legal representation.
With over four decades of experience as a criminal defense attorney, Ronald Brower is well-versed in the complexities of stalking charges in California. At Brower Law, we understand the nuances of these cases and offer comprehensive legal support, ensuring your rights are protected throughout the legal process.
Defending Against Stalking Charges
The defense against stalking charges requires a nuanced approach that considers the specific circumstances of the allegation. Strategies may include:
- Challenging the credibility of the alleged victim’s fear.
- Demonstrating a lack of willful or malicious intent.
- Proving the absence of repeated harassment or contact.
- Highlighting constitutional protections, such as the right to free speech.
Every case is unique, and a tailored defense strategy is vital. With Ronald Brower’s expertise, clients receive a defense that addresses the legal aspects of the charge and the personal and emotional complexities involved.
Contact Brower Law for a Consultation
Facing stalking charges can be an overwhelming experience, with your freedom, reputation and future at stake. At Brower Law, we provide robust legal representation, combining decades of experience with a thorough understanding of California’s stalking laws.
If you’re facing stalking allegations, you’re not alone in this challenge. Contact us today for a consultation. With our extensive experience in criminal defense, you can trust us to handle your case with the utmost professionalism and dedication.