California Attorneys Explain Possible Defenses to Stalking Charges Under PC 646.9
Were you or a loved one arrested for stalking in California?
When facing a misdemeanor or felony charge of stalking, you need a criminal defense attorney experienced in stalking charges that will argue all possible defenses. There are a number of defenses that may be raised to combat stalking allegations. If your stalking attorney in California successfully argues these possible defenses on your behalf, the charges against you could result in a reduction of charges or your case being entirely dismissed.
Stalking Defense 1: Threat is not credible
The threat you make has to be credible. In other words, if the threat is made in another language that the other person can not interpret or understand, then the threat is not credible. The threat must be understandable for the victim to be in actual fear for their own safety. If the victim believed the threat cannot be carried out, never felt threatened or never took the threat seriously, you cannot be convicted of stalking.
Stalking Defense 2: Conduct is constitutionally protected by the First Amendment of the United States Constitution
Free speech or freedom of expression is protected under the United States Constitution. Freedom of expression includes such protected activities such as speech, protest and assembly. If the court determines that your actions are constitutionally protected by the First Amendment of the United States Constitution, you cannot be convicted of stalking.
Stalking Defense 3: Mistaken Identity/False Accusations
Often times, innocent people are subjected to false accusations. Since stalking can occur anonymously and can be done electronically by sending harassing text messages and emails, many people can be falsely accused of committing stalking.
Call Wallin & Klarich Today
If you are looking for a stalking attorney in Los Angeles, Orange County, Riverside, San Bernardino, San Diego, Ventura, Victorville and West Covina to represent you, Wallin & Klarich can help. With more than 40 years of experience, our vigorous defense attorneys will conduct a thorough investigation of all the facts to have your case dismissed.
Please call us at 877-4-NO-JAIL or fill out our confidential client information form. We will get through this together.