More California Stalking – CPC Section 646.9 information
California Stalking Defense Tactics
Stalking Defenses – California Penal Code Section 646.9
There are a number of defenses that may be raised to combat stalking allegations. Depending on the particular facts of your case, an experienced criminal defense attorney can raise certain defenses on your behalf. If the arguments are successfully argued, the charges against you may be dismissed entirely or reduced to a lesser crime.
Threat Not Credible
The threat you make has to be credible in the sense that it would be reasonable or understandable for the victim to fear for their own safety. Whether or not the threat is credible depends on whether it was believed that you had the ability to act on your threat. Therefore, if the victim never felt threatened or never took the threat seriously, you cannot be convicted of stalking.
Your Conduct is Protected by the First Amendment
If the court determines that your actions constitute free speech that is protected by the First Amendment, you cannot be convicted of stalking. Picketing in a public place or participating in an assembly, for example, are activities that are deemed constitutionally protected.
Mistaken Identity/False Accusations
Sometimes stalking occurs anonymously or with false names through letters, text messages, phone calls, etc. When determining a possible suspect, the victim may develop a strong belief that the culprit is you – especially if you recently had a falling-out or ended a relationship with the victim on bad terms. Although you may have the motive to be a prime suspect, it does not necessarily mean that you are the stalker.
