PROTECT YOURSELF AGAINST CALIFORNIA’S HARSH STALKING PENALTIES WITH HELP FROM A DEDICATED STALKING DEFENSE ATTORNEY
Have you been accused of following, harassing, or threatening someone in person or via phone, email, or texts? You may face charges under California’s stalking laws, which are among the harshest in the nation. You may face significant jail time, fines, and a restraining order if you are convicted.
If you are being accused of stalking in California, it is important to understand the charges against you and the possible consequences. The following is information on what constitutes stalking under California law, the potential penalties for a conviction, and defenses that may be available to you.
Stalking is broadly defined as engaging in the course of conduct that would cause a reasonable person to feel fear for their safety or the safety of their family. This can include the following someone, making repeated phone calls or sending texts, or showing up at someone’s home or work.
The conduct does not have to be physical and can even occur online. For example, if you repeatedly post threatening messages about someone on social media, you could be charged with stalking.
To be convicted of stalking in California, the prosecutor must prove that:
- You engaged in the course of conduct directed at a specific person;
- That conduct would cause a reasonable person to experience fear for their safety or the safety of their immediate family; and,
- You made that person afraid with the intent to place them in fear for their safety or the safety of their immediate family.
The penalties for stalking in California depend on the specific facts of the case and the victim’s relationship with the perpetrator. In general, stalking is a wobbler offense, which can be charged as either a misdemeanor or a felony.
If you are convicted of misdemeanor stalking, you could face up to one year in county jail and a fine of up to $1,000. If you are convicted of felony stalking, you could face up to five years in state prison and a fine of up to $1,000.
The penalties are more severe if the victim is a current or former intimate partner, the penalties are more severe. For example, if you are convicted of felony stalking of a current or former intimate partner, you could face up to five years in state prison and a fine of up to $1,000.
If you have been convicted of stalking in the past, or if the victim is a minor, the penalties are even more severe. For example, if you have one prior stalking conviction and are convicted of stalking a minor, you could face up to 10 years in state prison and a fine of up to $10,000.
In addition to the above penalties, if you are convicted of stalking you will also be required to stay away from the victim and their family. This can include staying away from their home, work, or school. If you violate the terms of the restraining order, you could be charged with a separate crime.
There are a number of defenses that may be available to you if you have been charged with stalking in California. The specific defenses will depend on the facts of your case, but some common defenses include:
- You did not intend to make the victim afraid;
- The victim was not afraid;
- You were engaged in constitutionally protected activity, such as free speech or freedom of assembly; or,
- The police unlawfully obtained evidence against you.
If you have been charged with stalking, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney will be able to review the specific facts of your case and advise you of the best defenses available to you.
YOU NEED TO HIRE A STALKING DEFENSE ATTORNEY NOW
Considering that even a misdemeanor stalking conviction could earn you up to a year behind bars, and a felony could mean five years in state prison, it is essential to get an aggressive defense attorney such as Patrick S. Aguirre working on your behalf ASAP.
A stalking charge requires the prosecution to prove that you willfully and maliciously followed or harassed another person. This made that person fear for their safety or the safety of their immediate family. This is a very serious accusation, so you need an equally serious defense attorney on your side.
If you have been accused of stalking, it is important to hire a qualified defense attorney as soon as possible. A stalking conviction can result in up to a year in jail, and a felony charge can lead to five years in prison.
At the Law Offices of Patrick S. Aguirre, we have over 20 years of experience defending clients against criminal charges, including stalking. We will carefully examine the evidence against you and work tirelessly to build a strong defense on your behalf.
You can rely on Patrick S. Aguirre to provide caring, personalized representation every step of the way as he fights to resolve your case as quickly and favorably as possible. Attorney Aguirre will:
- Be present during police questioning to ensure fair treatment
- Attend your arraignment hearing and argue for a fair bail amount
- Investigate the case to uncover evidence for your defense
- File motions to get any illegally obtained evidence, such as coerced confessions, thrown out
- Try to convince the DA the charges against you should be dropped
- Negotiate with the DA for a lenient plea deal if appropriate
- Defend your innocence in court if needed
Attorney Aguirre has an excellent track record in court, having earned a 93 percent success rate in injury trials. You can rest assured he will present a strong and compelling argument for your innocence whenever the evidence merits it. However, if the evidence against you is strong, don’t give up. Attorney Aguirre can still help you by securing a plea deal resulting in a reduced charge and/or reduced penalty.
NEED HELP WITH RELATED CHARGES?
Depending on the details of your case, you may be facing additional charges related to domestic violence, assault, criminal threats, harassing phone calls, and restraining order violations.
If you face any of these charges, it is important to seek experienced legal representation as soon as possible. The consequences of a conviction can be severe and may include jail time, fines, restitution, counseling, and a criminal record. A skilled attorney will be able to evaluate the facts of your case and determine the best defenses available to you.
If you or someone you know is facing charges related to domestic violence, please contact us today for a free consultation. Attorney Aguirre can provide you with a comprehensive defense strategy appropriate to any and all charges you may be facing.
CALL NOW TO SCHEDULE A CONSULTATION
If you have questions about a stalking case or need immediate assistance from a qualified stalking defense attorney, please call us right away. We are here to help.
The first step is to schedule a consultation with our office. We will review the facts of your case and discuss your options with you. Please do not hesitate to contact us at 800-572-1252.
Call 800-572-1252 to receive a Free Consultation today
Frequently Asked Questions
The punishment for stalking can vary, depending on the severity of the crime and state laws. In most cases, stalkers may be charged with a misdemeanor or felony and could face fines, jail time, or both.
Stalking is a serious crime, and the punishment reflects that. In most cases, stalkers will be charged with a misdemeanor or felony and could face fines, jail time, or both. The severity of the charge will depend on the circumstances of the case and state laws. For example, if the stalker has a history of violence or if the victim was particularly vulnerable, the charge may be elevated to a felony.
In addition to criminal charges, stalkers may also face civil action from their victims. This can include a restraining order, which can prohibit the stalker from having any contact with the victim. If the stalker violates the restraining order, they can be charged with a crime.
There is no definitive answer to this question, as the behavior that constitutes stalking can vary from person to person. However, common behaviors that may be considered stalking include repeated unwanted communications, following or spying on the victim, and damaging the victim’s property. Stalking can also involve more than one person, with one person harassing the victim on behalf of another.
Stalking is a serious matter and can profoundly impact the victim’s life. If you or someone you know is being stalked, it is important to seek help from a trusted friend, family member, or professional. There are also some national and local organizations that can provide support and resources.
If you believe you are being stalked, it is important to record the stalking behavior. This may include keeping a log of incidents, saving any communications (e.g., letters, emails, texts, social media messages), and taking pictures or videos. This documentation can help seek a restraining order or file a police report.
If you are in immediate danger, call 911.
If you feel that you are being stalked, documentation is the best way to prove it. Keep a journal of all the events that have occurred, including any contact the stalker has made with you. Keep all evidence, such as voicemails, text messages, and emails. You can also take pictures or videos of the stalker if they are following you or loitering near your home. If you have any witnesses to the stalking, make sure to get their contact information. Once you have gathered all of this evidence, you can take it to the police and file a report.
If you are being stalked, it is important to take action to protect yourself. There are a number of things you can do to make it more difficult for the stalker to find and contact you. First, change your phone number and email address if possible. If you have to use the same phone number, screen your calls and only give it out to people you trust. You can also set up a Google Voice number to screen calls for you. Second, make sure your social media accounts are private and only visible to people you know. Third, do not post your schedule or whereabouts online. Fourth, vary your routines and use different routes when you go places. Fifth, keep an eye on your surroundings and be aware of who is around you. Finally, trust your instincts and if you feel like you are in danger, call the police.
The answer to this question may differ depending on your jurisdiction, but the answer is yes in many cases. You will likely need to prove that the person intended to harm you to win your case. This can be difficult to do, so it is important to consult with an experienced personal injury attorney who can help you gather the evidence you need to prove your case.
If you are being stalked, you may be able to get a restraining order against the person stalking you. Restraining orders prohibit someone from doing certain things, such as coming near you or contacting you. To get a restraining order, you will need to file a petition with the court and show that you have been the victim of stalking. You should speak to your local law enforcement agency or an attorney to determine if you qualify and how to get one.
It depends on the situation. If the stalking is ongoing and you feel unsafe, filing a police report may be a good idea to help protect yourself and get law enforcement involved. However, if the stalking has stopped or is not an immediate threat, filing a police report may not assist. The report can document the stalking behavior and may be helpful if the stalking resumes or escalates, but it is not likely to stop the stalking independently. In addition, filing a police report may not be appropriate or possible in some situations, such as when the stalker is a family member or someone you know. If you are unsure whether or not to file a police report, you can always speak to a victim advocate or law enforcement officer for more information and assistance.
You can also take other steps to protect yourself from stalking, even if you do not file a police report. For example, you can record the stalking behavior, including dates, times, locations, and any witnesses. This information can be helpful if you decide to file a police report or get a restraining order. You can also take steps to secure your home and workplace, such as changing your locks, installing security cameras, and varying your daily routine. Finally, you can reach out to a victim advocate or counseling service for support and assistance dealing with the stalking.
You can do a few things to protect yourself from being stalked. First, make sure that you have a support system in place, whether it is friends, family, or a support group for victims of stalking. Second, be aware of your surroundings and who is around you. If you feel like you are being followed, go to a safe place and call the police. Third, keep a record of all incidents of stalking and report them to the police. Finally, trust your instincts. If you feel like you are in danger, you probably are.
If you are being stalked, it is important to remember that you are not alone. There are many resources available to help you. The most important thing is to stay safe.
If you or someone you know is being stalked, please call the National Stalking Helpline at 1-800- stalking (7255) for more information and resources.