Stalking charges in California are taken very seriously, and even behavior that seems minor at first can lead to criminal prosecution. If you are accused of repeatedly contacting, following, or harassing someone, you could face felony charges, restraining orders, and long-term consequences that affect your freedom and your reputation. At Law Office of Michael L. Fell, we defend clients accused of stalking and fight to ensure that their side of the story is heard in court.
What Counts as Stalking in California?
California Penal Code 646.9 defines stalking as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat that causes the person to reasonably fear for their safety or the safety of their family.
Key elements include:
- Repetition: A single unwanted message or encounter usually is not enough; stalking requires repeated acts.
- Credible threat: The behavior must include a statement or action that would cause a reasonable person to feel fear.
- Fear of harm: The victim must believe they or their family are in danger.
Importantly, stalking can occur through in-person actions, phone calls, emails, texts, or social media messages.
Penalties for Stalking
Stalking is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and the defendant’s record.
- Misdemeanor stalking: Up to one year in county jail and fines up to $1,000.
- Felony stalking: 16 months, two years, or three years in state prison, plus fines up to $10,000.
- Protective orders: Courts often issue restraining orders that can limit where you go and who you contact.
If stalking occurs in violation of a protective order, or if the accused has prior convictions, the penalties increase significantly.
What Prosecutors Must Prove
To convict someone of stalking, prosecutors must show beyond a reasonable doubt that:
- The defendant willfully and repeatedly followed or harassed the alleged victim,
- The defendant made a credible threat, and
- The victim reasonably feared for their safety or the safety of their immediate family.
Because much of this evidence is based on interpretation of words, actions, or digital messages, these cases are often highly subjective.
Common Defenses Against Stalking Charges
Not every accusation of stalking results in a conviction. A skilled defense attorney may raise several defenses, including:
- Lack of credible threat: If no real threat was made, the charge may not apply.
- Protected speech: Communications that are unpleasant or unwanted may still be protected under the First Amendment.
- Consent or mutual contact: If the alleged victim also initiated contact, it may not meet the legal definition of stalking.
- Mistaken identity: Online accusations can easily be tied to the wrong person.
- False allegations: Personal disputes, breakups, or custody battles sometimes lead to exaggerated or fabricated claims.
Why Legal Representation Is Critical
Stalking charges can impact every area of your life—from employment opportunities to personal relationships. Convictions often come with restraining orders, which can restrict your movements and create complications in everyday life. At Law Office of Michael L. Fell, we carefully review digital evidence, witness statements, and police reports to uncover weaknesses in the prosecution’s case and build a strong defense.
Take the Next Step
If you are accused of stalking in California, the consequences are too serious to ignore. Call Law Office of Michael L. Fell at (949) 585-9055 today to schedule a free consultation. With the right defense strategy, you may be able to reduce or even dismiss the charges against you.