Stalking involves following, threatening, or harassing another person to the point where the person is afraid of their safety or that of their loved ones. It is a severe domestic violence-related offense in California, prosecuted as a felony or misdemeanor. The charges you face for stalking depend on the details of your issue. The consequences of a stalking sentence are severe and could include time in jail and payment of hefty fines.
If you face stalking charges in Santa Ana, CA, you must be worried about the outcome of your situation. But you can change that outcome with the right legal help and defense strategies. We help our clients fight stalking charges at California Criminal Lawyer Group. Our attorneys have high skills and experience in criminal defense to influence a client's case results positively.
Legal Meaning of Stalking under California Laws
The crime of stalking is legally defined under California Penal Code 646.9(a)as willfully, repeatedly, and maliciously following, harassing, or making credible threats against a person intending to place the person in valid fear for their safety or their loved ones' safety. It could be committed in so many ways. For instance, sending a note to your neighbor every day saying, 'always lock your front door. You may never know what could happen’—or calling your junior staff member every night in their home and insisting on having a sexual relationship with them.
California laws aim to ensure that everyone is and feels safe at all times. You will likely not feel safe if you keep receiving threats, or harassing messages from someone, even when you know that person well. That is why the law strictly treats people suspected of stalking others. You will face an arrest and stand a criminal trial in court, where the judge makes the final ruling after reviewing all evidence presented in court by the prosecution and defendant. If you are guilty as charged, you will receive a sentence that could include serving time behind bars and paying a hefty fine.
However, criminal trials in California are designed to ensure fairness for the victim and defendant. You are not guilty of stalking until the judge's final verdict. You will be allowed time during the trial to fight your charges. If you do that aggressively and have sufficient evidence to counter your allegations, the judge could reduce or dismiss your charges. If the judge drops your charges, you will be free to go, with no further charges on the matter. But if the judge reduces your charges, you will face charges for a more lenient offense and could be placed on probation.
What The Prosecutor Needs to Prove
The prosecutor's job during your trial would be to read your charges to the judge, provide evidence to support your charges, and compel the judge to give a guilty verdict. Prosecutors work closely with the police to ensure that criminals are severely punished for their crimes.
Thus, the prosecutor bears the burden of proof in criminal cases. Therefore, the court will require the prosecutor to prove your offense's elements beyond a reasonable doubt. That will be the only time the judge will deliver a guilty verdict. The details or facts of a stalking crime under California PC 646.9 are:
- That you willfully, repeatedly, and maliciously followed or harassed another individual
- You made credible threats against the individual, intending to place that individual in actual fear for their safety or that of their loved ones.
Note that stalking does not involve engaging in acts protected under the constitution. For instance, you will not face criminal charges for doing any of the following:
- Making utterances considered free speech
- Participating in assemblies
- Legally protesting against an issue or a person
The legal definition of stalking comprises certain terms and phrases that could carry a specific legal meaning. Let us look at some of those in greater detail. They will help us understand this crime better:
1. Willfully, Repeatedly, and Maliciously
Legally, you willfully commit an act when you do it on purpose or willingly. It should be an intentional act for a particular reason, not accidentally. For instance, stalking a person through phone calls means you intentionally make those calls to the person for a specific reason.
Stalking does not happen once but repeatedly. Calling someone once at night to convince them to have a relationship with you does not satisfy the elements of stalking. When you keep making the calls with the same message, and the next call becomes more intense than the previous one, you could be guilty under California stalking statutes.
Stalking is also an act of malice. A malicious act is unlawful and intends to annoy, injure or disturb the peace of another. Your actions must bother the other person to be considered malicious.
2. Harassment Acts
Stalking also involves harassing another person. Harassing another means you willfully and knowingly conducted yourself in a manner that seriously alarmed, annoyed, tormented, or terrorized the other person. Your actions must also have no legal purpose.
Again, harassment must not happen once to be considered stalking. It should be a series of conduct where multiple actions occurred over a given period, no matter how short it was. The course of conduct must demonstrate your continuous purpose.
3. Credible Threats
Stalking could include harassment or credible threats against another person.
Credible threats cause a person to reasonably fear for their safety or that of their loved ones. It is also a threat that makes you appear capable of carrying it out. The victim must be left with no doubt of your ability to carry out the threat, hence the reasonable fear for their safety.
You can make credible threats in many ways, including orally, in writing, or electronically. You could also imply it using a pattern of behavior or combined statements or acts.
4. Reasonable Fear
Stalking should cause the victim reasonable fear, or your actions should cause the victim reasonable fear for their safety or the safety of their loved ones.
Sadly, it is a challenge for the prosecutor to prove beyond a reasonable doubt that your actions were intended to result in reasonable fear. Thus, the court decides on these matters by analyzing the details and elements of individual cases.
But, a court can only state that a threat’s intention was to cause reasonable fear if it is an actual threat. A genuine threat is a threat that the stalker can carry. Real threats are not joking, exaggerated, political, or legally protected statements.
5. Loved Ones
Stalking should cause a person to fear for their safety or their loved ones’ safety. As used under this statute, loved ones mean the victim's immediate family.
A person's immediate family is their spouse, parents, children, grandparents, grandchildren, brothers, sisters, and other blood relatives.
It could also include the people the victim is related to through marriage, including their in-laws or any person that regularly lives or visits the victim's household.
Consequences of a Stalking Sentence in California
A California stalking offense could result in two types of penalties: criminal and civil. The victim can file charges in a criminal court against you for stalking and also seek compensation through a civil suit in a court.
Criminal charges for California stalking could lead to a conviction, for which you will receive a sentence according to California PC 646.9. The crime is a wobbler, meaning the prosecutor can deal with it as a misdemeanor or felony. The prosecutor's decision is based on the circumstances of your case and your criminal history.
If you face misdemeanor charges for stalking, you could receive these penalties upon conviction:
- Misdemeanor or felony probation
- One year in jail
- A fine not exceeding $1000
A felony conviction attracts graver penalties, including:
- Felony or formal probation
- Prison time for five years or less
- Court fines not exceeding $1000
A stalking offense is a felony if these conditions apply:
- If you committed it in violation of a judge-issued restraining order
- You have a previous conviction for stalking, even when victims of the two or more cases are not one and the same person
Penalties for a felony conviction will significantly impact your life more than a conviction for a misdemeanor charge. For instance, if you are lucky to be placed on probation, formal probation will be much longer than misdemeanor probation. You will also be under the supervision of a probation officer and must report to the officer periodically throughout the probation period.
Civil Consequences of California Stalking
The victim of your stalking acts could also seek compensation through a civil lawsuit for the damages incurred due to your actions. The law allows victims to file civil lawsuits in addition to criminal charges. Thus, you can still face a civil case even after a conviction in a criminal court.
When suing defendants in civil courts, stalking victims must support their claims with solid evidence. Civil court judges rely on this evidence to make fair judgments. The type of evidence the victim is expected to provide against you in a court process includes:
- Proof that you showcased a pattern of behavior that included the following, alarming or harassing them — note that the victim's word alone is not enough to compel the court to award their damages. They will need additional proof, including testimonies from other people.
- Proof that due to your conduct, the plaintiff was reasonably afraid of their safety or that of their loved ones
- Proof that you made credible threats or harassed the victim's safety or that of their loved ones, and could not stop this harassment behavior even if the victim asked you to, or
- Proof that you violated an existing protective order with your behavior
If the victim convinces the jury that you indeed stalked them, and as a result of your behavior, they incurred damages, the court will award all their damages, including compensatory and punitive damages. Compensatory damages will compensate them for all economic and non-economic damages, while punitive damages will be a punishment for your aggravated actions.
Immigration Consequences of a Stalking Sentence
A conviction for some crimes in California could negatively affect your immigration status as an immigrant in the United States. You could face deportation or be inadmissible in the United States.
Sadly, stalking is one of those offenses.
Offenses that are deportable are those that fall in the following categories:
- Aggravated felonies
- Crimes of moral turpitude
- Domestic violence-related offenses
- Drug-related offenses
- Firearm-related offenses
Some stalking incidents are related to domestic violence. Others meet the elements of aggravated felonies. It means that you could face immigration consequences for stalking, depending on the circumstances of your issue.
Effect of a Stalking Sentence on Your Gun Rights
Additionally, stalking could affect your gun rights.
Generally, every adult in California is allowed by law to obtain or possess a gun. However, certain groups of people are exempted from this provision, including:
- Those with a felony conviction in their criminal records from any jurisdiction
- Those addicted to narcotics
- People with multiple convictions for brandishing a firearm, as under California PC 417
- Those with previous convictions for specific misdemeanors like causing a corporal injury on an intimate partner
- People suffering from mental illnesses
- Minors (individuals below the age of eighteen) — individuals aged 21 and below cannot purchase a firearm in California
Remember that stalking is a wobbler offense, and the prosecutor can handle it as a misdemeanor or felony. It means that a felony conviction for stalking will infringe on your gun rights, making it unlawful for you to buy or possess a firearm. If you already have a gun, the judge will order you to surrender it after a felony sentence.
Expungement of a Stalking Record
The gravest consequence of a criminal sentence in the state is that you will have a damaging criminal record that could affect your life in several ways. For instance, people with criminal records face challenges when seeking employment, renting or leasing properties, or even applying for services like insurance. The effects of a conviction can go on even after you have served your entire sentence. Some people will continue to treat you differently even after turning your life around.
Fortunately for you, the law allows you to apply for the expungement of a criminal record to release yourself from all the disabilities and punishments that come with a conviction. You can do this after serving your entire term, whether in jail, prison, or probation. Ensure that you have paid all your court fines and restitution where applicable.
California law on expungement is under PC 1203.4. It allows people with criminal convictions to seek expungement of those records for a fresh start in life. An expunged criminal record will not be publicly available. Thus, employers and service providers will not use your criminal past to deny you opportunities. But, you will be required to disclose the conviction when applying for a public position.
Expungement is available for misdemeanor and felony convictions on the condition that:
- You complete probation— if you are still on probation, you can apply for early termination of your probation. If the judge agrees to this, you will apply for an expungement of the criminal conviction
- You should not face criminal charges, be serving probation, or serve another sentence while applying for expungement.
Once you complete probation of jail/prison term(whichever is applicable), you can begin the application process. You must file the application for expungement in the same court where the respective conviction was made.
Remember that you can only make one petition for one criminal record. You will need to make individual applications for each record if you have multiple criminal records.
How To Fight Stalking Charges in California
Criminal defense ensures you go through a fair trial before the judge's verdict. Thus, you are allowed to fight your charges in court to achieve a favorable outcome. The help of a criminal defense lawyer goes a long way in ensuring that the right strategies are used to weaken the prosecutor's case and convince the jury to reduce or dismiss your charges. Some of the legal strategies your attorney can apply in your situation include:
The Threat Issued Was Not Credible
Stalking involves the issuance of credible threats. A threat is considered credible if it places the receiver in fear for their safety or their family. The issuer must also have the ability to carry out the threat. If none of that is true, then your threat will not meet the elements of this offense. Thus, the judge will not find you guilty of your charges.
You can argue that while you issued a threat to the alleged victim, it was not serious, or you did it jokingly. It must also not be a threat that could make a reasonable person fear for their safety.
You Did Not Intend to Cause the Victim Fear
Fear is an essential element of a stalking offense in California. A defendant's behavior must cause the alleged victim to fear for their safety or their family. The defendant must also have intended to cause the victim fear. Without that intent, the court could dismiss your charges.
Sometimes a person's actions could produce results that the person did not intend in the first place. California stalking laws require a person to have intentionally acted to cause their victim fear. If that is the case, then you are not guilty under this statute.
Your Actions Are Legal
Remember that specific actions are exempted in this law, including legally protected acts. For instance, if you were protesting against a person or an issue, or we're exercising your right to free speech, you are not guilty under California stalking laws. But, you must prove to the jury that your actions do not satisfy the elements of this offense and are protected by the law.
Offenses Related to Stalking under California Laws
Some crimes in California are charged together with or in place of stalking. They include:
Credible Threats
The laws against the issuance of credible threats are under California PC 422. The offense is defined as threatening to injure or kill another person physically. Credible threats must place their receiver in actual fear for their safety or their loved ones' safety. It is a specific threat that leaves the receiver with no doubt that the defendant will carry out the threat. Credible threats can be communicated in writing, verbally, or electronically.
Credible threats are an element in stalking, though it does not include following or harassing the victim. The latter focuses on the type of threat, not the defendant's behavior.
Annoying Calls
The laws against making annoying calls are under California PC 653m. The law makes it unlawful for anyone to make threatening, obscene, or repeated phone calls, intending to harass and annoy another. Unlike stalking, which focuses on various acts and diverse behavior, this law focuses only on phone calls. But the two offenses are pretty similar in intention. If you make annoying phone calls that place your victim in reasonable fear for their safety or the safety of their loved one, you could face stalking charges instead of charges against making annoying calls.
California Kidnapping
California kidnapping laws are under PC 207. They make it unlawful for anyone to use fear or force to move another person over a substantial distance. Stalking does not involve physical contact, which is slightly different from kidnapping.
Find an Experienced Criminal Lawyer Near Me
A conviction for stalking in Santa Ana is life-changing. Other than serving time behind bars and paying a hefty fine, you are left with a damaging criminal record that could significantly impact your life, including your efforts to find suitable employment. You can fight your charges to avoid a conviction and its consequences with the help of a skilled and experienced criminal attorney. At California Criminal Lawyer Group, we fight alongside our clients and do not rest until they obtain a fair outcome for their cases. We also make the legal process smooth through our quality legal advice and assistance. Contact us at 714-844-4151 for more information about our services.