What is Stalking?
Stalking is a crime, and someone is guilty of it when intentionally and repeatedly harasses or follows another person and at the same time making a credible threat with the purpose to put that person in considerable fear for their safety or the safety of their close family. This type of behavior includes following another person, appearing at that person's home or work place, harassing by phone calls, messages or letters, or even threatening or damaging the victim's property.
Stalking Laws in California
California stalking laws come under the California Penal Code Section 646.9 PC which defines the crime as repeated harassment that creates a fear and threat of harm either for the victim or the victim's family. Victims of stalking crime typically seek Restraining Orders or orders of protection to keep the offender away from harassment or any kind of physical contact. If a restraining order is issued in favor of the victim, then the offender who commits the crime of stalking can face great penalties or even separate charges for violating the court's order of California.
Penalties for stalking in California
- As misdemeanor it is punished by imprison of one year in county jail and fine up to $1000
- As felony it is punished by imprisonment of 2, 3, or 4 years in state jail and fine up to $10,000
- If offender repeats this offense or violates the restraining order then one-year imprisonment will be additionally impose
Defense for stalking charges
- Lack of intent
- Credibility of threat
- Lack of evidence
- No intent of harassment
- False accusation
- Mistakenly identified
Stalking or Harassment Attorney
If you're facing an accusation under California's stalking laws it is crucial to seek help from an experienced defense attorney as soon as possible in order to get the best deal possible that the law can offer. Do not hesitate and Reach out to the Law Office of Raoul Severo for a free of charge assessment of your case.
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