California Stalking Lawyers – California Penal Code 646.9 PC

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Do You Need a Stalking Defense Attorney in California?

Under California Penal Code Section 646.9 (California Stalking laws), stalking is defined as any person who repeatedly follows, harasses, and threatens another person with the intent to scare that person into fearing for his/her safety or the safety of immediate family members. The punishment for stalking may include imprisonment, paying expensive fines, and having a restraining order imposed on you. Therefore it is imperative that you hire a California stalking defense attorney experienced in these cases in California to represent you when facing charges of stalking.

Our stalking defense attorneys at Wallin & Klarich have over 40 years of experience successfully defending our clients charged with this offense. Call us today at (877) 466-5245 to receive expert legal advice about your case. Be sure to read on to learn more about stalking laws so that you can be fully informed about your charges.

Why Hire Wallin & Klarich?

logosThe success of our stalking defense firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.

For over 40 years, the lawyers at Wallin & Klarich have helped many people like you who have been charged with stalking. Here are just a few testimonials provided by some of our previous clients who wanted to share their stories:

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Call Wallin & Klarich Today

You can place your trust in Wallin & Klarich. Our knowledgeable California stalking defense lawyers are committed to defending your rights and your freedom. Call us today for immediate help on your case.

For more information on stalking laws, read below or simply pick up the phone and speak to one of our skilled attorneys today.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.


Prosecution of stalking charges in California

California-Stalking-Lawyers-PC 646.9

To convict you of stalking in California, the prosecution must prove:

1. You willfully and maliciously harassed or repeatedly followed a person; AND

2. You made a credible threat with the intent to place that person in reasonable fear for his/her safety or the safety of his/her immediate family.

California stalking laws define harassment as any sort of willful conduct that is directed at a specific person that serves no legitimate purpose other than to seriously annoy, alarm, torment, or terrorize that person. Simply put, this definition allows many types of activity to be deemed harassment. Stalking can be committed in many forms and is not limited to just in person, face to face contact. For example, activities conducted over the Internet, frequent text messaging or repeated phone calls can rise to the level of stalking if the person feels threatened.

Defenses to a charge of stalking in California

There are many defenses to violations of the California stalking laws that a criminal defense attorney at Wallin & Klarich can raise on your behalf.  For example, your attorney can argue:

  • There was not an actual credible threat;
  • Your conduct did not rise to the definition of “harassment;”
  • your conduct was not willful or malicious; or
  • Your conduct is protected under the First Amendment of the United States Constitution.

These defenses can be raised depending on the particular facts of your case.  It is imperative that you consult a California stalking defense attorney at Wallin & Klarich to learn more and which defenses will work in your case.

Punishment and jail sentence for a violation of California stalking laws

California Penal Code Section 646.9 is charged as a “wobbler” — which means that a prosecutor can charge you with a misdemeanor or a felony depending on your criminal history and the facts of your particular case. If you are charged with misdemeanor stalking, you can be punished with imprisonment in county jail for up to a year, a fine not exceeding $1,000 and possibly a restraining order prohibiting you from making contact with the victim.

On the other hand, if you are charged with felony stalking, you can be punished with imprisonment in county jail for 16, two or three years and pay a fine not exceeding $1,000.  Alternatively, if you have a prior felony conviction for stalking or other prior specified felonies, you can face up to five years in state prison, pay a fine not exceeding $1,000, as well as be required to register as a sex offender.

California stalking laws FAQs

To assist you in understanding the many aspects of stalking, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions pertaining to California Stalking Laws in our FAQ section.  There, you can find answers to questions like:

  1. Can a person who makes a nonverbal threat, be guilty of stalking?
  2. Can a person who makes a future threat, be guilty of stalking?
  3. Who qualifies as an immediate family member?

Call Wallin & Klarich today, and we will get through this together

Stalking laws in California

Wallin & Klarich has more than 40 years of experience in representing defendants against charges of felony and misdemeanor stalking. If you or your loved one is facing charges of stalking, please contact our office at (877) 4-NO-JAIL. With offices in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Ventura, Victorville and West Covina, Wallin & Klarich has represented numerous clients faced with the charges of stalking.

Call us today at 877-4-NO-JAIL or visit us fill out our confidential client information form. We will get through this together.

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