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Sentence and Punishment for Stalking in California Penal Code 646.9 PC


Under California Penal Code section 646.9, stalking is a “wobbler,” which means the punishment for stalking in California can be charged as either a felony or misdemeanor depending on your criminal history and the facts of your particular case. You can speak to one of our criminal lawyers experienced in defending clients accused of stalking charges to receive specific information pertinent to the facts of your particular case.

Punishment for stalking in California

Punishment for Stalking and Jail Sentence - California PC 646.9
Stalking in California is usually charged as a misdemeanor. However, under certain circumstances, PC 646.9 can be charged as a felony.

A misdemeanor charge of stalking is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not exceeding $1,000, or by both that fine and imprisonment.  Also, the judge may also issue a restraining or stay away order prohibiting you from contacting the victim.

A felony charge of stalking is punishable by imprisonment in county jail for 16 months, two or three years.

Punishment for felony stalking when victim is protected by court-issued protective order

If you are found guilty of stalking a person who is a protected party listed in a court-issued protective order (i.e. restraining order), you will be punished by imprisonment in the state county jail for two, three or four years.

Punishment for stalking charged as a felony with a prior stalking conviction

If you are found guilty of stalking and you have a prior stalking conviction on your record, you will be punished by imprisonment in state prison for two, three, or five years

Punishment for felony stalking when convicted of prior specified felony crimes

If you were previously convicted of felony corporal injury on a spouse or cohabitant, violation of a protective order or temporary restraining order, or making criminal threats, and subsequently convicted of felony stalking, you will be punished by imprisonment in the state prison for two, three, or five years.

California stalking consequences: sex offender registration

For felony stalking convictions, a court may order you, as part of your punishment, to register as a sex offender pursuant to California Penal Code 290 for as long as you live, work, or attend school in California. 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 county jail.

Finding an experienced stalking attorney at Wallin & Klarich

stalking charges in California
Contact the attorneys at Walliin & Klarich today

The punishment for stalking is severe since you can face a jail sentence as well as having to register as a sex offender. If you or a loved one has been charged with stalking, it is important that you contact an experienced defense attorney who can adequately review all necessary facts associated with your case and explain to you the detailed process of the criminal justice system.  When a person is accused of such a violation, even if the person is “technically guilty,” Wallin & Klarich knows the many ways that our clients can avoid serving jail time.  With offices in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Ventura, Victorville and West Covina, Wallin & Klarich has over 30 years of experience in vigorously defending our clients against charges of stalking.

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

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California DUI Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a criminal attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California. * Wallin & Klarich Attorney Joshua Visco