In California, and throughout the country, stalking is a serious criminal offense. The problem is that a person can be guilty of stalking without realizing their behavior is criminal or that they were making the alleged victim feel harassed. At Law Office of Michael L. Fell we provide comprehensive help to clients who have been accused of stalking, domestic violence, and other intimate partner crimes.

Know the Definition of Stalking

Stalking is the repeated harassment or following of a person in an effort to scare, frighten, intimidate, or torment them. Note that stalking, by definition, is not a violent crime but it can come with the stigma that is generally reserved for violent crimes. It is due to this stigma, in addition to the criminal consequences, that it is so important to hire an experienced criminal defense attorney who can offer the best defense options.

You Can Be Accused of Stalking Even if You Never Leave the House

In previous years, the definition of stalking was clearer. Generally speaking, you had to be physically near a person in order to be guilty of stalking. In today’s cyberworld, that is no longer true. A person can be accused of stalking when the entirety of their contact with the alleged victim was over email, social media, or texting. This can be considered cyberstalking which comes with its own set of complications and punishments.

Following a Person Around Does Not Constitute Stalking in and of Itself

While following a person around can be part of a stalking charge, it cannot make up the entirety of it. For a conviction, the prosecution must prove that the alleged victim was reasonable in being afraid for their safety. Note that use of the word “reasonable.” It is up to a judge or jury to determine what is reasonable but it is worth remembering that a person can be afraid for their safety and still not be the victim of stalking if that fear is not deemed reasonable.

Examples of Potential Stalking Offenses

If you send emails over and over to a person in an attempt to force them to do what you say, then you could potentially be convicted of stalking. If you regularly post photos or other messages online with the private or personal data of another person, this could be considered stalking even if you are posting it somewhere the alleged victim will never see it.

If you sit outside someone’s house, follow them home from work, or threaten them with violence, this could be stalking. If you leave numerous messages on their voice mail, then this could be constituted as stalking.

The best defense to a charge of stalking will vary based on the specifics of the case. For example, it may be that you took the actions described but that you simply misread the situation. It may be that you did not do what you are accused of at all. Whatever the situation is, you can count on Law Office of Michael L. Fell to provide comprehensive legal assistance. Contact us now at (949) 585-9055 to get started.