While most states take stalking seriously, no state takes it as seriously as California. As a result, a charge of stalking in California is not a charge that can be taken lightly. According to state law, stalking involves following, threatening, or harassing a person until they feel threatened for their safety or the safety of a loved one. Stalking can take place in person, on the phone, or even online.
While the laws are in place to protect potential victims of stalking, the unfortunate reality is that people sometimes falsely accuse others of stalking for a variety of reasons. Whether they’re trying to get back at someone, make their former spouse seem incapable of handling their parental duties, or trying to get a leg up professionally, if you’ve been accused of stalking you can trust Law Offices of Torrence L. Howell to take your side of the story seriously.
Potential consequences of being convicted of stalking
If you’re convicted of stalking in the state of California, your punishment could include probation or a year in jail if it’s charged as a misdemeanor. On the other hand, if it’s charged as a felony then you could be spending between 16 months and five years in prison. If the prosecutor determines that the alleged victim was also assaulted or injured during the commission of the stalking, then there may be even more prison time applied.
Whether or not the prosecution decides to charge you with a misdemeanor or a felony depends on a variety of factors. Sometimes it’s automatically a felony, such as if you were violating a court-issued restraining order. If you have a prior conviction for stalking, then it will be automatically be charged as a felony as well. If you have other criminal convictions on your record then it’s more likely you’ll be charged with a felony than with a misdemeanor, but it won’t be automatic. Sometimes, whether you’re convicted of a misdemeanor or felony, you may be required to attend counseling.
There are defense options for a charge of stalking
While no one wants to be charged with stalking, the good news is that there is hope for you. When you work with Law Offices of Torrence L. Howell, you can count on us coming into the situation believing that you’re innocent until proven guilty. The reality is that stalking accusations are sometimes false. Sometimes the person accusing a person of stalking is trying to get something from them. We will consider this possibility and may choose to pursue it as a defense option.
We may also consider the alleged threats that took place during what the prosecution considers stalking and show that those threats either weren’t credible or they were covered by free speech. If there is a wealth of evidence against you, then the best course of action may be for us to negotiate with the prosecution to get the best possible plea deal you can. To learn more about your options and get started defending yourself, reach out to Law Offices of Torrence L. Howell at 909-920-0908 today.
