Stalking is a violation of Penal Code Section 646.9. It can be filed as both a misdemeanor and felony.
Any person who willfully and maliciously repeatedly follows or harasses another person and who makes a credible threat (verbally, in writing or by electronic communication), with the intent to place the person in reasonable fear for their safety is guilty of the crime of stalking.
They key element in a stalking case is the Defendant must make a credible threat to place the victim in reasonable fear for their safety. For example, just following someone and being there does not constitute stalking. There must be more, such as a threat made towards the victim.
The District Attorney’s Office is very aggressive in their prosecution of stalking cases. After the “O.J. Simpson case”, all of the laws and attitudes about stalking changed. The courts and prosecutors will err on the side of being overly aggressive in these cases. They want to avoid any injuries to alleged or actual victims in the case and try to catch a perpetrator before they have time to harm a victim.
Although the prosecutor is aggressive in obtaining convictions these cases, there are still several defenses available. Time is of the essence. If you have been or are alleged to have been involved in this type of crime, you should contact our offices immediately, as we take an aggressive and proactive approach in defending your case. We need to take a proactive approach to collect witness statements and other evidence, prepare motions, propound discovery and complete background investigations early on, it is important that you contact us as quickly as possible so we can assist you in preparing a defense.
Contact our offices today and remember the initial consultation is free.
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