5 Things to Expect if You are Charged with Stalking in San Bernardino County

In response to a number of high-profile incidents, California enacted the country’s first stalking law in 1990. Today, all fifty states and the federal government have anti-stalking statutes on the books. However, California’s anti-stalking laws remain some of the toughest laws in the country. If you are charged with stalking in San Bernardino, it is important to contact an experienced criminal defense attorney who can help you with your case.

What is Stalking in San Bernardino?

In general, stalking is defined as activity consisting of the repeated following and harassing of another person. More specifically, the California Penal Code section 646.9 defines stalking as: “Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family.”

If you are facing a stalking charge in San Bernardino County, your case will be heard by the San Bernardino County Superior Court. The San Bernardino Superior Courts that handle felony stalking cases are San Bernardino, Victorville, Fontana, Rancho Cucamonga and Joshua Tree.

Speak to one of our experienced attorneys at Wallin & Klarich today for immediate assistance on your case.

What Should You Expect if You Are Charged with Stalking in San Bernardino County?

• Restraining Orders: If you are facing stalking charges, the court can issue a restraining order against you in order to protect the alleged victim. Earlier this year, California decided to increase the length of restraining order protection. Assembly Bill 499, authored by Assemblyman Phil Ting (D-San Francisco), increased the length of restraining orders against suspected stalkers from three to five years. The bill was signed into law by Governor Brown on Aug. 27 and goes into effect next year.
• Stalking is a Wobbler Crime: In California, the prosecution has the discretion to charge you with a misdemeanor or felony for stalking. You will need the assistance of an experienced Wallin & Klarich criminal defense attorney to help prevent the prosecutor from charging you with a more serious felony stalking charge. An experienced criminal defense attorney may be able to use the facts of your case to persuade the prosecutor to pursue only a misdemeanor charge.
• California Has Harsh Penalties for Stalking: If you are facing stalking charges in San Bernardino County, you could be facing some surprisingly harsh penalties.
  • A misdemeanor stalking conviction could result in a number of possible penalties:
    • Up to a year in county jail,
    • Up to a $1,000 fine,
    • Mandatory counseling, and
    • A restraining order.
  • A felony stalking conviction could result in:
    • Up to 5 years in state prison,
    • A $1,000 maximum fine,
    • Mandatory counseling, and
    • A restraining order.
  • In addition, you might have to register as a sex offender under Penal Code section 290. Having an experienced defense attorney fighting for you may help you avoid many of these consequences in your case.
• You May Have a Number of Legal Defenses: The defense attorneys at Wallin & Klarich can often raise a number of defenses on your behalf. For example, stalking charges are frequently the result of false accusations. It is possible that you were wrongfully identified as the stalking suspect or the victim made up the stalking allegation in order to receive a protection order. Our attorneys understand the sensitive nature of these charges and can provide you with your best possible defense.
• Cyberstalking: Stalking is not restricted to repeated physical following or harassing. Cyberstalking, or stalking another person virtually, is also punishable under California’s laws. This can include menacing emails, phone calls, text messages, etc. Since this is a new and emerging area of the law, you will need the assistance of an experienced attorney in order to defend yourself against cyberstalking allegations.

Where Can I Find the Most Experienced Criminal Defense Attorney in San Bernardino County?

At Wallin & Klarich, our criminal defense attorneys have over 40 years of experience successfully defending clients accused of stalking. We understand that many stalking allegations arise from emotional domestic affairs. Our attorneys are well-versed in defending these cases and have the knowledge and experience to help you win your case. We will examine the circumstances of your particular case in order to provide you with the best possible defense.

Our offices are located in Orange County, Los Angeles, Torrance, Sherman Oaks, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina. Call us today at (877) 4-NO-JAIL or (877) 466-5245 or fill out our client information form. We recognize this is a difficult time in your life, but we will get through this together.