Stalking is defined as intentionally, maliciously and repeatedly following or harassing a person and putting that person in fear for his or her safety. Harassing is described as conduct that purposefully alarms, annoys, terrorizes or torments a person. Stalking is often associated with domestic violence, as it commonly occurs between spouses, ex-spouses, or people in a relationship or from a former relationship. The act of “stalking” may include any of the following repeated acts toward the victim:

• Repeatedly following someone;
• Making threatening telephone calls;
• Repeatedly driving by the victim’s home or workplace;
• Damaging the victim’s personal belongings;
• Repeatedly sending unwanted gifts;
• Sending repeated letters or e-mails (commonly known as “cyber stalking”); or
• Act in such a manner so as to harass, continually contact, torment, alarm or terrorize the victim.

If these acts, or other actions that may be considered “stalking” are committed against your fiancé or fiancée, your current or former spouse, someone with whom you live, the parent of your child, or anyone you are or were dating, you will likely be charged with stalking under California’s domestic violence laws, which could lead to increased penalties and punishment.

Penalties for Stalking in California

It is important to work with an experienced criminal defense lawyer if you are accused of stalking. Stalking is a “wobbler,” which means that it may be prosecuted as either a misdemeanor or a felony. Penalties for stalking in California will depend upon whether the defendant has a prior criminal record and the severity of the offense (if violence was used, for instance).

If charged as a misdemeanor, a stalking conviction may result in the following:

• County Jail Sentence of up to one year
• Fine of up to $1000
• Probation
• Restraining Order
• Court-ordered Counseling

If charged as a felony, a stalking conviction may result in the following:

• State Prison Sentence of up to 5 years
• Fine of up to $1000
• Probation
• Restraining Order
• Court-ordered Counseling
• Lifetime registration as a sex offender
• Penalty Enhancements

Los Angeles Stalking Defense Attorneys

If you have been charged with stalking or with any type of harassment, from verbal threats to repeated calls and e-mails, you need the immediate assistance of an experienced criminal defense attorney. At The Chahine Law Firm, we understand that many well-meaning actions can be misunderstood as harassment. In some instances we can negotiate with prosecutors to prevent charges from being filed. We will also work to get the charges against you dismissed or reduced. Or we can take your case to court, where we have a successful record of obtaining positive results for our clients. To discuss the circumstances of your case, please contact us today for a free consultation.