When it comes to a stalking charge, I'm seeing these cases filed more and more, especially when it comes to domestic violence-related offenses. So, if you're charged with stalking, obviously this is a very serious crime. It's a wobbler so it can be charged as a felony or a misdemeanor. Usually, when I see the prosecutors making a decision to file a stalking case, you're talking about a situation where they're going to file it as a felony.
Really, what stalking has to do is, some will let you know that they do not want to be around you anymore. They do not want any more contact from you. They either verbally tell you that, or another scenario is they put a restraining order against you or some other sort of an order that basically gives you notice to stay away from me. Don't bother me.
I don't want to be involved with you anymore. You then violate that order or you violate that request from the person and you call them and you follow them and you threaten them. This starts to amount to stalking. Obviously, the more you do it the more egregious the stalking-related charges is going to be in a Los Angeles case.
California Penal Code Section 626.9 – Stalking
So, there's a California Penal Code Section 626.9 and it has to do with stalking. It lays out all of the different stalking scenarios at the criminal level. But again, a lot of this stuff in criminal defense is common sense. Stalking has to do with you following somebody and they don't want you to follow them and usually there's an undertone of you're somehow infatuated with the person — it's a former boyfriend, a former girlfriend, husband, wife, and the relationship is over.
There's been some sort or domestic violence and the person does not want you around them anymore, but you continue to try to talk to them, be with them, be able to explain yourself, have closure with the person, but that person simply does not want you near them anymore and at some point, it's going to become criminal. At some point, you're going to be arrested.
If you're in that scenario right now and are facing stalking charges, pick up the phone. Give me a call. We'll sit down. I've been handling these cases now for twenty-five years. I know what it takes to win them. I know what it takes to negotiate them.
I know when we have a good defense to the case and I know when it's a case that we should negotiate and work something out with the prosecutors. The key though is to get you out of the criminal justice system as fast as possible, protect your record, your freedom, your rights and your reputation.