Stalking is summarized by the act of repeatedly following, harassing and/or threatening another person to the point that they fear his/her safety or the safety of their family. California’s anti-stalking laws prohibit these acts. Also, victims may also file a civil lawsuit against you for any damages caused by the stalking.

If any of  the above mentioned acts are committed against your “intimate partner” (Fiancé, someone you have or am currently dating, someone you live with, current or former spouse or the parent of your child), it is then considered “intimate partner stalking.” This factor alone can subject you to harsher penalties.

In California, there are strict laws against violators who commit this crime. The prosecutor has discretion as to whether or not the crime will be charged as a misdemeanor or felony. Based on your background history and case specifics, you could be charged with a felony. However, someone will be automatically charged with a felony if they have violated a court-issued protective order, or if they have prior stalking convictions (even if the previous victim is a different person). When someone is being charged with stalking, the prosecutor must prove that the defendant is in fact doing harassing, threatening or intentionally placing fear into someone.

As with all misdemeanors, if you are convicted, you could receive up to one year in county jail, informal probation, and/or a maximum fine in the amount of $1,000. If you are indeed convicted of stalking someone, you could also receive mandatory counseling or confinement in a state mental illness hospital, as well as a restraining order placed on you that prohibits any form of contact with the victim.

Felony stalking penalties may include any or all of the following:

sixteen (16) months to five (5) years in state prison, formal probation, up to a $1,000 fine, mandatory counseling or confinement in a state mental illness hospital, a restraining order placed on you that prohibits any form of contact with the victim, and registration as a sex offender.

Note these are basic penalties. Your penalties may be mitigated or heightened based on specific case details or harm to any victims.

Although stalking is a very serious offense, it is often filed based on false
accusations made out of revenge or other malicious motives. There are defenses that a skilled lawyer like myself can use to get the best possible outcome for you or have the charge dismissed in some cases. I will know how to thoroughly investigate your case as well as the credibility of the alleged victim. Call my office for a free 30-minute consultation. 619-238-1905