Examples of Stalking

Stalking involves actions that are willful, malicious, and repeated, often intended to instill fear or exert control over the victim. Here are common behaviors that may lead to stalking charges in California:

• Repeatedly Following or Monitoring the Victim: Persistently showing up at someone’s home, workplace, or other personal locations despite being asked to stop. These actions create a sense of fear and invasion of privacy for the victim.
• Sending Threatening or Unwanted Communications: Delivering intimidating messages through text, email, social media platforms, or written notes. Even non-threatening but unwanted communications, when persistent, can qualify as stalking if they cause distress.
• Using Technology to Track or Spy on the Victim: Installing GPS trackers on the victim’s vehicle or using spyware on their devices to monitor their location or personal communications. This is a growing concern in stalking cases and can escalate the severity of charges.
• Making Repeated Phone Calls or Leaving Voicemails: Constantly calling the victim, sometimes from blocked or unknown numbers, or leaving voicemails that intimidate or harass them. Even non-verbal actions, such as prolonged silent calls, can be used as evidence of stalking.

Penalties for Violating 646.9(a) PC – California Stalking Laws & Sentencing

In California, stalking is considered a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant’s criminal history. Below is an overview of the penalties associated with stalking convictions under 646.9(a) PC:

What Are the Penalties for Misdemeanor Stalking in California?

• Jail Time: Up to 1 year in county jail.
• Fines: Up to $1,000.
• Restraining Orders: Mandatory orders prohibiting contact with the victim.
• Counseling and Probation: Summary (informal) probation and mandatory counseling sessions may also be required.

Felony Stalking: Prison Time and Long-Term Consequences

• Prison Time: 16 months, 2 years, or 3 years in state prison.
• Fines: Up to $1,000, in addition to court fees and restitution to the victim.
• Mandatory Counseling: Participation in counseling programs.
• Restraining Orders: Long-term or permanent orders prohibiting contact with the victim.
• Sex Offender Registration: In certain cases, such as those involving aggravating factors, the defendant may be required to register as a sex offender under Penal Code § 290.

Aggravating Factors That Can Increase Stalking Penalties

• Violation of a Protective Order: Stalking while subject to a restraining or protective order results in an automatic felony charge.
• Prior Convictions: A previous conviction for stalking or domestic violence increases the likelihood of felony charges and longer prison sentences.
• Use of a Weapon: If a weapon was used during the stalking, an additional 1 to 3 years in state prison can be added to the sentence.
• Great Bodily Injury to the Victim: If the stalking caused serious physical harm to the victim, an additional 3 to 5 years may be added to the prison sentence.

How Restraining Orders Work in California Stalking Cases

Courts often issue restraining orders to protect the alleged victim from further harassment or threats. A restraining order typically prohibits any form of contact with the victim, including in-person communication, phone calls, emails, or social media interactions. These orders are designed to provide immediate protection and are taken very seriously by the court.

Violating a restraining order can lead to additional criminal charges, including potential jail time, fines, or more severe consequences if the violation involves further harassment or harm to the victim. It’s important to understand that even unintentional violations—such as accidental contact or miscommunication—can result in penalties.

If a restraining order has been issued against you, it is crucial to follow its terms carefully and consult an experienced criminal defense attorney immediately. Our stalking defense attorney can help you understand the scope of the order, avoid unintentional violations, and work to resolve the underlying charges. At The Law Offices of Arash Hashemi, we will guide you through this process and protect your rights at every step.

Steps to Take After a Stalking Accusation

If you are accused of stalking under 646.9(a) PC , taking immediate and careful action is essential to protect your rights and build a strong defense. The first step is to avoid all contact with the alleged victim. Any attempt to reach out—whether in person, through messages, or via mutual acquaintances—could be misinterpreted as further harassment and used against you in court. Violating this rule could also lead to additional charges, such as violating a restraining order, making your legal situation more complicated.

Preserving evidence is equally critical. Save any communication or records, such as texts, emails, or social media posts, that could demonstrate your intentions or refute the accusations. Additionally, maintaining documentation of your whereabouts or activities at the time of the alleged incidents can help establish an alibi or counter false claims. This evidence can play a crucial role in challenging the prosecution’s case and proving your innocence.

Finally, securing experienced legal representation is vital. A skilled stalking defense attorney will guide you through the legal process, protect your rights, and develop a tailored defense strategy. Your lawyer will review the prosecution’s evidence, identify weaknesses, and work to achieve the best possible outcome, whether that means negotiating a reduction or dismissal of charges or preparing a strong case for trial. Acting quickly and following these steps can make a significant difference in resolving stalking charges and protecting your future.