PENAL CODE 646.9: Stalking

What is Penal Code 646.9 in California?

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.

Key Elements of the Offense

To convict someone of stalking under stalking laws in California, the prosecution must prove the following elements:

  • Willful and Malicious Actions: The accused must have intentionally and with ill will engaged in repeated behavior.
  • Credible Threats: The actions must involve a credible threat, meaning a reasonable person would believe the threat could be carried out.
  • Reasonable Fear: The victim must have experienced actual fear for their safety or that of their family.

Each element must be proven beyond a reasonable doubt. If even one is lacking, the charges may not hold up in court.

Penalties for Violating Penal Code 646.9

1. Criminal Penalties

Violating stalking laws in California under Penal Code 646.9 can result in either misdemeanor or felony charges, depending on the case specifics:

  • Misdemeanor Stalking: Punishable by up to 1 year in county jail.
  • Felony Stalking: Punishable by up to 5 years in state prison. Felony charges often apply if the defendant has prior stalking convictions or violated a restraining order.

2. Restraining Orders and Other Consequences

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:

  • Loss of gun ownership rights.
  • Difficulty securing housing or employment due to a criminal record.
  • Immigration consequences for non-citizens, including deportation or denial of visas.

These penalties highlight the need for an experienced Los Angeles criminal defense lawyer to help minimize the impact of a stalking charge.

Legal Defenses Against Penal Code 646.9 Charges

Lack of Intent to Cause Fear

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

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.

Freedom of Speech Considerations

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.

Steps to Take If You Are Accused of Stalking in Los Angeles

1. Contact a Criminal Defense Attorney

The first and most critical step is to hire a Los Angeles criminal defense lawyer. A knowledgeable attorney will:

  • Review the details of your case.
  • Develop a strong defense strategy tailored to your situation.
  • Represent you in all court proceedings.

Early legal intervention can significantly impact the outcome of your case.

2. Avoid contact with the Accuser

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.

3. Document Evidence to Support Your Defense

Gather any evidence that supports your innocence, such as:

  • Communication records that show your intentions were not malicious.
  • Witness statements that contradict the accuser’s claims.
  • Proof of alibis during the times of the alleged incidents.

Providing this information to your attorney will strengthen your defense.

How DCD LAW Can Help Defend Your Case

Experience in Handling Stalking Cases

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.

Tailored Legal Representation

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.

We are ready to help you!

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Firm’s Presentation

Frequently Asked Questions About Penal Code 646.9

What Constitutes Stalking in California?

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.

Can a Stalking Charge Be Reduced or Dismissed?

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.

How Does a Restraining Order Impact My Case?

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.