Home » Criminal Defense » Domestic Violence » PENAL CODE 646.9 STALKING
Penal Code 646.9 states that stalking is the act of following, harassing, or threatening a person to the extent that the person reasonably believes that their safety or the safety of their family is in danger. The harassment is continuous, and the defendant performs the acts repeatedly. However, it should be noted that stalking does not mean that physical contact has been made. Other conduct that may fall under this statute include stalking the victim through phone calls, text messages, or social media posts.
To convict someone of stalking under stalking laws in California, the prosecution must prove the following elements:
Each element must be proven beyond a reasonable doubt. If even one is lacking, the charges may not hold up in court.
Violating stalking laws in California under Penal Code 646.9 can result in either misdemeanor or felony charges, depending on the case specifics:
In most stalking cases, the court issues a restraining order to protect the alleged victim. Violating this order can result in additional criminal charges. Other consequences of a stalking conviction include:
These penalties highlight the need for an experienced Los Angeles criminal defense lawyer to help minimize the impact of a stalking charge.
One common defense is that the accused did not intend to cause fear. For example, if the accused was trying to contact the person for a legitimate reason and did not mean to harass or threaten them, this could undermine the prosecution’s case.
False accusations often arise from misunderstandings, personal vendettas, or attempts to gain leverage in legal disputes. A defense attorney can examine the accuser’s motivations and uncover evidence to disprove the allegations.
In some cases, the actions in question may be covered by the rights guaranteed under the Constitution for free speech. For example, posting opinions on the internet or any other form of communication whether in the written or verbal form may not be deemed as stalking provided that the posts do not contain threats or harassments that can be deemed credible.
The first and most critical step is to hire a Los Angeles criminal defense lawyer. A knowledgeable attorney will:
Early legal intervention can significantly impact the outcome of your case.
Avoid contacting the alleged victim under any circumstances. Violating a restraining order or reaching out directly can worsen your situation and lead to additional charges. Communicate only through your attorney if necessary.
Gather any evidence that supports your innocence, such as:
Providing this information to your attorney will strengthen your defense.
At DCD LAW, we have a proven track record of defending clients against charges under stalking laws in California. We understand the complexities of these cases and know how to challenge the evidence, question the accuser’s credibility, and uncover weaknesses in the prosecution’s case. With our extensive experience, we can provide the legal expertise you need to navigate these serious allegations.
Every case is unique, and DCD LAW takes the time to understand the specifics of your situation. Whether it’s negotiating a reduction in charges or preparing for trial, we build a defense strategy tailored to your needs. Our personalized approach ensures we address every detail of your case to achieve the best possible outcome.
Work with an experienced criminal defense attorney, and a team that has successfully defended more than 1000 clients. Get started with us today.
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Stalking in California involves repeated actions like following, harassing, or threatening someone in a way that causes them to fear for their safety or that of their family. These actions must be intentional and malicious, and the fear experienced by the victim must be reasonable. Even behaviors like persistent messaging or online harassment can qualify under stalking laws in California, making it crucial to understand what actions may lead to charges.
Yes, stalking charges can be reduced or even dropped; it all depends on the facts of the case. Such factors as the absence of concrete evidence, the lack of intent, or procedural irregularities during the investigation may be advantageous. This is where a good Los Angeles criminal defense attorney comes in; such an attorney will be able to spot such chances and then work with the prosecution to reduce the charges that are leveled against you or even have them dropped.
A restraining order can have a very strong effect on your case and your normal routine. It can bar you from communicating with the accuser, bar you from being in certain regions, or even from being in certain facilities. Breaking a restraining order will lead to other charges and strict punishment.