California Stalking Defense Sentencing

Stalking Sentencing and Punishment – California Penal Code Section 646.9

Stalking is a “wobbler” in that it can be charged as either a felony or misdemeanor – depending on your criminal history and the facts of your particular case. However, there are two instances in which a stalking charge will automatically be a felony:
1. If you stalk a person in violation of a court-issued protective order (i.e. restraining order).

2. If you stalk a person with a prior stalking conviction on your record.

Misdemeanor Penalties:

• A jail sentence in county jail for a period of up to one year,

• A maximum fine of $1,000

• A restraining order barring contact with the victim

Felony Penalties:

• A jail sentence in state prison for a period ranging from 16 months to five years,

• A maximum fine of $10,000

• Possibly a court ordered mandate to register with local law enforcement as a sex offender for as long as you live, work, or attend school in California. See California Penal Code Section 290

Duty to Register as a Sex Offender:

For felony stalking cases involving sexual gratification, a court may also require that you register as a sex offender in California for as long as you live, work, or attend school in California. See California Penal Code Section 290. Any willful failure to register as a sex offender is a separate criminal offense with its own penalties which includes a jail sentence of up to three years in state prison.

See our “Sex Registration” section at www.wklaw.com to learn more about registering as a sex offender in California.

The punishments for stalking can be devastating; therefore, it is imperative that you contact an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in helping clients defend against stalking allegations. We will work diligently to ensure the best possible defense strategy in your matter and help you avoid serving jail time or registering as a sex offender in California. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.