What are the factors elements of 646.9 PC Stalking?
Under 646.9 PC, Stalking, in its simplest form, is repeatedly
- Harassing and/or
- Another person to the point where that individual fears for his/her safety or the safety of his/her family.
The penalties for the crime of stalking in California are strikingly harsh. The crime is usually a wobblers, which means that a prosecutor has discretion to try it as either a misdemeanor or a more serious felony. And, when certain special circumstances (like a prior stalking conviction) apply, it must be charged as a felony.
Maximum penalties for a California felony stalking conviction can include up to five (5) years in state prison, and, in some cases, even a requirement that you register as a sex offender.
How can we defend you against charges of California Penal Code 646.9 PC Stalking?
While stalking is a serious crime, it is often filed based on false
accusations made out of revenge or other malicious motives. Several
legal defenses may be available to help you beat (or at least significantly reduce) stalking charges as well. Some of these include taking the position that:
- Even if there were threats, they were non-credible and
- TheFirst Amendment protected the accused’s rights to free speech.
Our highly skilled California criminal defense attorneys know how to investigate the case, scrutinize the background and credibility of the accuser, and often get stalking charges reduced or dismissed.
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!
Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.
Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!