blog home Criminal Defense What Constitutes Stalking Under California Law?

What Constitutes Stalking Under California Law?

By San Diego Attorney on August 15, 2013

Stalking is considered to be a serious criminal offense in the state of California. When one person repeatedly harasses or follows another person in an attempt to intentionally intimidate, frighten, scare or torment his or her intended target, he or she may be charged with stalking. Although in and of itself stalking is not a violent crime, stalking can leave its victims fearing for their lives or the lives of their loved ones. Individuals who use email, social media or other online methods to harass or threaten another person, may be considered to be cyberstalkers and in violation of state law.

Simply following a person around does not constitute stalking. Under California Penal Code §646.9, stalking must include the act of making a credible threat that makes another person afraid for his or her safety. Continuously sending emails to another person saying they’d better do as you say “or else” can be considering as stalking. Posting regular messages or photos to online chat rooms that contain another person’s private or personal information may constitute stalking.

Frequently sitting outside someone’s house, or following them back home, and making repeated threatening statements or gestures of violence could be considered as stalking. Leaving multiple threatening voice messages on a person’s phone may warrant a temporary restraining order and other legal consequences. It is important to know that California stalking victims do not need to prove their stalker actually intended to carry out the threat, simply proving the threat took place is enough to file charges of stalking.

Penalties for a stalking conviction can vary from small fines and up to a year in jail, to extensive fines and multiple years in a California state prison. The imposed penalties will depend on the extent of the stalking, if the stalker committed any act of violence (or threatened to kill or harm) and whether the alleged stalker was in violation of an existing restraining order at the time the stalking took place.

If you have been accused of stalking, your freedom and future are at stake. We advise you call our firm and schedule to meet with former police officer and Board Certified Criminal Law Specialist, Attorney James N. Dicks as soon as possible. When you do, we will take immediate measures to investigate the charges against you and prepare an aggressive strategy to help protect your rights. Contact a San Diego criminal defense lawyer at JD Law today.

Related Articles:

Posted in: Criminal Defense

Don’t Waste Any Time!
Call us today for a FREE Consultation
(760) 630-2000

James N. Dicks

About James N. Dicks

Don’t Waste Any Time!

Time is of the essence when your future is in jeopardy.
Contact jD LAW, P.C. today for the aggressive defense you need.

X Close

A note from James N. Dicks:

Although COVID-19 has caused great uncertainty, we want to assure that our firm is operating remotely to accommodate all current, past, and future clients in need of any of our services. The best way to communicate with us is by telephone (760) 630-2000 or email info@jdlaw.law.

Currently San Diego Superior Courts are closed but are set to reopen on Tuesday May 26th, 2020 barring any
future orders.

Do not hesitate to contact us with any questions. Sending our thoughts and best wishes to you and your family. Please follow us on Facebook for any future updates.


Aunque COVID-19 ha causado una gran incertidumbre, queremos asegurarles que nuestra oficina esta operando de forma remota para todos los clientes actuales, pasados y futuros que necesiten alguno de nuestros servicios. La mejor manera de comunicarse con nosotros es por teléfono (760) 630-2000 o por correo electrónico a info@jdlaw.law.

Los Tribunales Superiores de San Diego están cerrados, pero están programados para reabrir el martes 26 de mayo de 2020, salvo una nueva orden.

No dude en contactarnos si tiene alguna pregunta. Estamos enviando nuestros pensamientos y mejores deseos para usted y su familia. Síganos en Facebook para seguir siendo informado de novedades nuevas.


James N. Dicks
jD LAW, P.C.

X

COVID-19 Announcement

Although COVID-19 has caused great uncertainty, we want to assure that our firm is operating remotely to accommodate all current, past, and future clients in need of any of our services. The best way to communicate with us is by telephone (760) 630-2000 or email info@jdlaw.law. Do not hesitate to contact us with any questions. Sending our thoughts and best wishes to you and your family.


Aunque COVID-19 ha causado una gran incertidumbre, queremos asegurarles que nuestra oficina esta operando de forma remota para todos los clientes actuales, pasados y futuros que necesiten alguno de nuestros servicios. La mejor manera de comunicarse con nosotros es por teléfono (760) 630-2000 o por correo electrónico a info@jdlaw.law. No dude en contactarnos si tiene alguna pregunta. Estamos enviando nuestros pensamientos y mejores deseos para usted y su familia.

Schedule My Consultation