When most people picture a “stalker,” they likely imagine someone in all black peering through windows or trailing someone home. However, you may be shocked to learn that there are a number of actions and behaviors that can constitute a stalking charge under California law. As such, the following blog explores what you should know about these matters, including the importance of working with an experienced Pleasant Hill criminal lawyer to help you fight these charges and seek the best possible outcome for your circumstances.
What Is Considered Stalking Under California Law?
As defined under California law, someone can be charged with a stalking offense in the event that they willfully, maliciously, or repeatedly follow or harass another person in conjunction with raising credible threats against the other party. You should note, however, that a credible threat does not have to be direct, but rather can take the form of repeated unwanted contact, surveillance, or malicious online communications.
In addition to this behavior, the state requires that for a conviction to occur, there must be a pattern of behavior. As such, a singular incident is not enough for a charge, but multiple instances can be grounds for a charge.
Common examples of stalking under California law include repeatedly showing up at someone’s place of work or home, continually contacting them online, leaving unwanted gifts, and monitoring their location via GPS.
Under California law, stalking is a wobbler offense, meaning it can be charged as a misdemeanor or felony, based on the circumstances of the crime and your criminal history.
What Should I Do if I’m Facing Charges?
In the event you are charged with a stalking offense in California, it is imperative to protect yourself and your best interests. Generally, the most important thing you can do when placed under arrest is to inform the arresting officer that you would like your attorney, and then invoke your Fifth Amendment right to remain silent. This helps prevent you from saying anything that could incriminate you or be held against you in a court of law.
You should also avoid any contact with the alleged victim when you are released. This includes calling, texting, emailing, writing a letter, or approaching them in person. Doing so can be incredibly incriminating. Instead, any communication should be handled through your attorney. It is also important to understand the terms and conditions of any restraining orders taken out against you. This helps ensure you are not accidentally in violation of the orders, which can harm your credibility and create additional legal issues.
Facing a stalking offense is not something that should be taken lightly in California. That is why it’s in your best interest to connect with an experienced attorney with O’Connor Law APC. Our team will examine your circumstances to help you in the fight for the best possible outcome. When you need help, do not hesitate to contact us today.
