If you have been charged with stalking under California Penal Code 646.9, it is important to understand the seriousness of the offense and seek legal counsel as soon as possible. Stalking is a criminal offense that is punishable by imprisonment and can have serious consequences on your reputation, employment, and relationships with others.
If you have been charged with stalking under Penal Code 646.9 in Los Angeles, California, it is important to seek legal counsel as soon as possible. An experienced criminal defense attorney can help you understand the charges against you and the potential consequences, and can advise you on the best course of action.
Call us today (818) 855-2115 for Free Consultation, or continue reading to learn more about the offense and how an attorney can help you defend against the charges.
Laws of Stalking, Penal Code 646.9, in Los Angeles
The language of the Penal Code 646.9 reads that:
646.9. (a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.
Legislature.ca.govAs we understand from the law above, stalking is a criminal offense in California that is defined by Penal Code 646.9. The law prohibits someone from repeatedly following, harassing, or threatening another person with the intent to place that person in reasonable fear for their safety or the safety of their family.
Stalking can take many forms, including following someone, making unwanted phone calls or sending unwanted emails or texts, showing up at someone’s home or workplace, or leaving threatening messages or objects. It can also include using technology to track someone’s movements or communications.
Under Penal Code 646.9, stalking is punishable by imprisonment in county jail for up to one year, or by imprisonment in state prison for two, three, or five years. If the victim is a minor under the age of 18, the punishment may be increased. In addition to criminal penalties, a person convicted of stalking may also be required to attend counseling or treatment, and may be subject to a restraining order that prohibits them from contacting or coming near the victim.
Elements of Penal Code 646.9
In order to be charged with stalking under Penal Code 646.9 in Los Angeles, California, the prosecution must be able to prove certain elements of the crime beyond a reasonable doubt. These elements include:
- The defendant repeatedly followed, harassed, or threatened the victim:
Stalking can take many forms, including following someone, making unwanted phone calls or sending unwanted emails or texts, showing up at someone’s home or workplace, or leaving threatening messages or objects. It can also include using technology to track someone’s movements or communications.
- The defendant’s actions were intentional:
In order to be convicted of stalking, the prosecution must prove that the defendant acted with the intent to place the victim in reasonable fear for their safety or the safety of their family.
- The victim was actually placed in reasonable fear:
In order to be convicted of stalking, the prosecution must prove that the victim actually experienced fear as a result of the defendant’s actions.
- The defendant’s actions were repeated:
Stalking requires a pattern of behavior, rather than a single incident.
If the prosecution is able to prove all of these elements beyond a reasonable doubt, the defendant may be convicted of stalking under Penal Code 646.9.
Penalties and Consequences for Penal Code 646.9
Misdemeanor Stalking
If you are convicted of misdemeanor stalking in California, you may face a sentence of up to one year in county jail, a fine of up to $1,000, or both jail time and a fine.
Felony Stalking
Additionally, stalking is included in the state’s “Three Strikes” sentencing system, which means that if you are convicted of felony stalking, you may be sentenced to up to three years in state prison, a fine of up to $10,000, or both prison time and a fine. If you have three “strikes” on your record, you will be required to serve at least 25 years in state prison.
Additional Penalties and Consequences
In addition to these criminal penalties, a person convicted of stalking may also be required to attend counseling or treatment, and may be subject to a restraining order that prohibits them from contacting or coming near the victim. A restraining order can also include other conditions, such as prohibiting the offender from owning or possessing a firearm.
If the stalking is done in conjunction with another crime, such as domestic violence or sexual assault, the offender may face additional criminal charges and penalties. Stalking can also have serious consequences in other areas of a person’s life, including employment and housing. It may also have a negative impact on the offender’s reputation and relationships with others.
Strategies and Legal Defenses Against Penal Code 646.9
There are a number of strategies and legal defenses that may be available to you, depending on the specific circumstances of your case. Some potential defenses to stalking charges might include:
Lack of intent:
In order to be convicted of stalking, the prosecution must prove that you intended to place the victim in reasonable fear for their safety or the safety of their family. If you did not have this intent, you may be able to defend against the charges.
False allegations:
It is not uncommon for stalking charges to be based on false allegations, particularly in the context of domestic disputes or other conflicts. If you can show that the allegations against you are not true, you may be able to have the charges dismissed.
First amendment rights:
In some cases, stalking charges may be based on protected free speech or expressive conduct. If this is the case, you may be able to assert your First Amendment rights as a defense.
Insufficient evidence:
In order to be convicted of stalking, the prosecution must present sufficient evidence to prove your guilt beyond a reasonable doubt. If the evidence against you is weak or insufficient, you may be able to have the charges dismissed.
It is important to note that every case is unique and the specific defenses available to you will depend on the facts of your case. An experienced criminal defense attorney can help you assess your options and determine the best course of action.
Legal Advice and Free Consultation
If you have been charged with stalking under Penal Code 646.9 in Los Angeles, California, it is important to take the matter seriously and seek legal counsel as soon as possible. Stalking is a criminal offense that is punishable by imprisonment and can have serious consequences on your reputation, employment, and relationships with others.
An experienced criminal defense attorney can help you understand the charges against you and the potential consequences, and can advise you on the best course of action to take. They can also help you explore potential defenses and represent you in court to fight for the best possible outcome in your case. We offer free consultations to help you get started on your defense.
Our attorneys have over 55 years of combined criminal law experience and are ready to defend you. Call us right away (818) 855-2115, or fill this form and we will contact you as soon as possible.
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