Individuals can face charges under Penal Code 646.9 PC – Stalking in California if the police accuse them of harassing or repeatedly following another person after making a credible threat against the other person.
California treats PC 646.9 as a wobbler, meaning individuals can face misdemeanor or felony charges after an arrest. You can learn more about this charge through a legal guide to California’s penal code and with help from an attorney.
Information About Penal Code 646.9 PC – Stalking in California
According to PC 646, individuals can face charges for stalking if they willfully and maliciously:
- Repeatedly follow another person or
- Harass another person and
- Make credible threats to make the person fear for their safety or the safety of their immediate family
When learning more about stalking charges, it’s important to learn more about the legal definitions of:
Acting Willfully and Maliciously
Acting willfully means willingly taking an action. For example, an individual acts willfully if they intentionally follow someone else. Malicious actions involve acting with unlawful intent to injure, annoy, or disturb another person. Additionally, individuals can act maliciously if they intentionally carry out a wrongful act.
Harassment
The legal definition of harassment involves annoying, tormenting, terrorizing, or alarming a specific person. Individuals must engage in at least two instances that meet this definition to engage in harassment.
Credible Threats
Credible threats must cause someone to feel reasonable fear for either their own safety or the safety of a member of their immediate family. Individuals can make credible threats verbally, electronically, or in writing.
Immediate Family
According to PC 646.9, immediate family members include:
- Spouses
- Parents and grandparents
- Children and grandchildren
- Siblings by blood or marriage
Additionally, anyone who regularly lives in an individual’s household may qualify as immediate family. An attorney can tell you more about what to know about stalking in California.
For a free legal consultation with a 646.9 pc - stalking in california lawyer serving California, call (510) 995-0000
Is PC 646.9 a Misdemeanor or a Felony?
Stalking is a wobbler in California. Prosecutors get to decide if they want to treat wobblers as misdemeanors or felonies, usually based on the record of the defendant or the specific circumstances surrounding stalking accusations.
California 646.9 PC - Stalking in California Lawyer Near Me (510) 995-0000
Penalties for a Stalking Conviction
A stalking conviction can result in harsh consequences. The penalties vary based on the severity of the charges.
Penalties for Misdemeanor Stalking
Individuals convicted of misdemeanor stalking can result in up to one year of time in county jail, fines of up to $1,000, and misdemeanor probation.
Penalties for Felony Stalking
A felony conviction will result in harsher penalties. Individuals convicted of a felony could face up to five years in prison, along with fines of up to $1,000. Individuals could also end up on felony (formal) probation.
Additionally, a felony conviction can impact an individual’s right to buy or own firearms.
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Defenses for Stalking in California
A criminal defense attorney can explore several defenses to handle stalking charges. Depending on a client’s situation, a lawyer may argue that:
An Individual Did Not Make a Credible Threat
An individual should only face a conviction for stalking if they make a credible threat. For example, an attorney could argue that their client made a threat while joking around or issued an unrealistic threat.
An Individual Engaged in Constitutionally Protected Activity
PC 646.9 makes exceptions for individuals who engage in constitutionally protected activities like protesting or taking part in an assembly. If a lawyer can prove that a client had a reason for their actions, they may avoid a criminal conviction.
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How Lawyers Resolve Stalking Allegations
Attorneys can use several strategies to successfully handle stalking charges in California. Depending on the circumstances surrounding an arrest, a lawyer may focus on:
Getting the Charges Reduced
In some cases, the prosecution will reduce the charges a defendant faces through a plea bargain. Plea bargaining requires the accused to admit guilt for a less serious crime in exchange for reduced penalties.
Getting Stalking Charges Dropped
The court may dismiss a stalking allegation in some cases, especially if the prosecution has little evidence to establish guilt. A judge may also dismiss these charges if the police violated the rights of the accused during the legal process.
Fighting Stalking Charges in Court
Finally, an attorney can immediately work on a defense strategy to use in the courtroom. Lawyers vary the arguments they use based on the unique circumstances and needs of each client who turns to them for help.
Talk to Us About Stalking Charges in California
Do you have more questions about Penal Code 646.9 PC – Stalking in California and your options to handle a stalking allegation? If so, you can reach out to our team at Silver Law Firm for professional help and dedicated legal support.
Our legal team has over three decades of experience, and we understand what it takes to successfully defend clients facing misdemeanor or felony charges. We’ll quickly develop a personalized strategy to handle your defense and guide you through the steps you need to take after an arrest.
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