A Brief Overview of Stalking – CPC 646.9

What exactly is a stalker?  California Penal Code 646.9 characterizes a stalker as being a person who intentionally, cruelly and repetitively pursues, tracks or hassles an individual and makes a convincing threat with the intent of putting the individual and/or his or her immediate family in fear for their wellbeing.  Your California stalking lawyer will also tell you that victims are not required to demonstrate that the stalker actually intended to follow through with the threats made.

California’s Laws Can Be Abused

Touted as being some of the toughest and most all-inclusive laws in the nation, California’s stalking laws are unfortunately often used to file baseless accusations against individuals.  That is why it would be wise for anyone who has been accused of stalking to seek the services of a California stalking lawyer who will have the skills and ability to get to the truth in your case so that your innocence is clear and the trumped-up stalking charges can be dismissed (or at least drastically lowered).

The stalking laws specifically allow victims, any members of their family, or any witnesses to a stalking crime to request that law enforcement inform them at least 15 days before the offender is released from jail/prison.  Victims can also ask to have their current vehicle registration and driver’s license information concealed so that only the court, government agencies, law enforcement officers and insurance companies will be able to access it.

Penalties for Stalking

You should be aware that stalking offenses carry a penalty of up to one year of imprisonment and/or a fine of up to $1,000.  Further, if the stalker continues to follow the same individual in violation of a restraining order, the sentence might be increased from two to four years of jail time.  Moreover, anyone who has been convicted of a felony under the Code, and he or she commits an additional violation, that person shall be punished with jail time of up to two, three or five years.

Stalking is a serious crime, and a conviction carries severe penalties. However, an accusation can arise from a “he said, she said” situation. If you have been falsely accused of stalking, an experienced attorney can help. If you have additional questions and you believe that you would benefit from having the services of a California stalking lawyer, please call Daniel Cota at 800-351-6860 for a free consultation.