Los Angeles Stalking Attorney
If you are being charged with stalking it is important to contact an attorney that has experience and knowledge in the laws and defenses of the crime of stalking.
The crime of stalking is governed by California Penal Code section 646.9. in order to be convicted of stalking the prosecution must prove beyond any reasonable doubt that you willfully and repeatedly harassed or followed another person; that you made a verbal threat either spoken, in writing, or electronically and you did so with the intent to place immediate fear on the person regarding safety.
Stalking generally has no legitimate purpose. The harassment is done for the purpose annoying, tormenting, and terrorizing a person. The threat is done to place the person in reasonable fear and the threat although can be made directly, can also be implied by a pattern of behavior and a combination of statements. Some examples are: planning a “run into” someone; several phone calls, texts, emails, letters; sending unwanted gifts; knowing way too much about a person by gathering huge amounts of information.
Penalties Associated With Stalking
Stalking is a wobbler crime meaning that it may be charged as a felony or misdemeanor depending on the specific circumstances of the crime and your prior criminal record. If convicted of a misdemeanor the penalties imposed can include up to 1 year in county jail and/or $1000 fine as opposed to a felony conviction which can result in up to 5 years in state prison and a $1000 maximum fine.
Other penalties associated with a conviction of the crime of stalking are: restraining orders, mandatory sex registration, long term imprisonment. The reason for some of these harsher penalties is because victims of stalking nay also be victims of rape, assault, battery, domestic violence, and murder; crimes of which carry harsher consequences.
Although very rare, stalking may be charged as a federal crime. “Interstate Stalking” the federal anti stalking law makes it a federal felony to stalk/harass an individual from state to state or on military bases. All same applicable elements apply as to what the prosecution must prove beyond a reasonable doubt. A conviction carries a maximum penalty five years and a fine of $250,000.
Hire a Top Notch Los Angeles Stalking Lawyer
If you are facing stalking charges, your chances of success increase with an aggressive, experienced, and skilled criminal defense attorney by your side. Our Los Angeles Attorneys at the Hedding Law Firm have over 75 years combined experienced and have dealt with numerous stalking situations. We can help. Call us and set up a free meeting so that we can talk about your specific charges further in detail.
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