Many people use the term “stalking” loosely. They may say they were “Facebook stalking” someone when what they really mean is that they were looking at their Facebook page without their knowledge. This is not stalking from a legal standpoint. Most people know that, but they don’t always know where stalking begins and where it ends. Read on to learn more about charges of stalking. If you’ve been accused of it or arrested for it, then reach out to Law Office of Michael L. Fell at (949) 585-9055 for a consultation.
The definition of stalking according to California law
In California, stalking is when a person willfully, repeatedly, and maliciously follows or harasses a person. They must also make a credible threat to the person they’re following, and it must be considered “reasonable” for the alleged victim to fear for their safety.
The prosecution must prove several things to convict you
In order to be convicted of stalking, the prosecution is required to prove that you willfully and maliciously harassed someone, or that you followed them several times. In addition, they must prove that you made some type of threat against them, that the threat was credible, and that you had the intent to make the person fearful for their own safety or the safety of their family.
Note that one of the most important parts of their case is proving that the threat was credible. This means that the treat has to have been verbal or written and delivered directly either in person or in writing via electronic communication. It also means that they must prove that you could have carried it out. This doesn’t mean that you had to actually have committed the act in your threat, but that you had the ability to carry it out.
Further defining the definitions within stalking
“Harassment” is used in the definition of stalking. Legally, it’s defined as knowingly and willfully acting directly toward a person in a way that’s annoying, alarming, tormenting, or terrorizing. The term “malicious” is also used, and this means that you had the intention of annoying, disturbing, or physically injuring someone in an illegal way.
The punishment for stalking can be severe
In California, a wobbler offense is one that can be charged as a misdemeanor or a felony. Misdemeanor charges come with up to 364 days in jail and $1,000 in fines, while a felony conviction can lead to three years in jail and the requirement to register as a sex offender for life.
Regardless of the specifics of your case, you need a California criminal defense attorney to help you with a stalking charge. Remember that the prosecution has to prove a number of things to secure a conviction. All we have to do is disprove one of their points to have the case thrown out or the charges reduced. That said, we’re ready to take your case to trial if necessary. Reach out to us at (949) 585-9055 for a consultation.