In California, Penal Code 646.9 addresses the serious crime of stalking, which involves repeatedly harassing or threatening another person to the point where they fear for their safety or the safety of their loved ones. Stalking can occur through various means, including physical following, persistent unwanted communication, or even online harassment. If you are facing stalking charges under Penal Code 646.9, the consequences can be severe, and it is critical to seek legal assistance.
At KN Law Firm, located in Glendale, California, we offer 24/7 legal support and free consultations for clients in Los Angeles and the surrounding areas. Call us at (888) 950-0011 to discuss your case.
What is Penal Code 646.9?
Penal Code 646.9 defines stalking as willfully, maliciously, and repeatedly following or harassing another person, coupled with making a credible threat intended to place that person in reasonable fear for their safety or the safety of their immediate family. This statute covers a wide range of behaviors, including:
- Repeated phone calls, text messages, or emails
- Following someone in public or private spaces
- Threatening or intimidating behavior
- Cyberstalking or online harassment
Stalking charges are often filed in cases involving domestic violence, harassment, or even workplace disputes. The key elements of a stalking charge include both the repeated nature of the conduct and the credible threat made against the victim.
Penalties for Stalking in California
A conviction for stalking under Penal Code 646.9 can result in serious consequences. The offense is generally charged as a wobbler, meaning it can be prosecuted as either a misdemeanor or a felony depending on the circumstances of the case and the defendant’s criminal history.
- Misdemeanor Stalking: Up to one year in county jail, fines, and probation.
- Felony Stalking: Two to five years in state prison, along with substantial fines and potential restitution to the victim.
Additionally, a stalking conviction can lead to a restraining order prohibiting any contact with the victim. If a restraining order is already in place, or if the stalking involves violation of a court order, the penalties can be enhanced.
Aggravating Factors for Stalking
Certain factors can elevate the severity of stalking charges, including:
- Prior stalking convictions or restraining order violations
- Use of a weapon to threaten or intimidate
- Stalking in violation of a protective order (e.g., a domestic violence restraining order)
- Stalking involving minors
In cases involving domestic violence, the penalties may also include mandatory counseling and extended prison sentences.
Defending Against Stalking Charges
At KN Law Firm, we understand that stalking accusations can be based on misunderstandings or false allegations. Our experienced attorneys will build a robust defense by:
- Challenging the credibility of the threat: For a stalking conviction, the prosecution must prove that the threat was credible and caused legitimate fear. We will examine the evidence to determine if the threat meets this legal standard.
- Lack of intent: Stalking charges require proof of willful and malicious behavior. If your actions were not intended to cause fear or harm, we may be able to have the charges reduced or dismissed.
- Mistaken identity: In some cases, especially with online stalking or harassment, it can be difficult to identify the person responsible. We will investigate to ensure you are not wrongfully accused.
FAQs about Penal Code 646.9: Stalking
1. What is considered a “credible threat” under Penal Code 646.9?
A credible threat is one that causes the victim to fear for their safety or the safety of their family. This could involve physical threats, verbal intimidation, or threats made through electronic communication (emails, texts, social media, etc.).
2. Can stalking charges be filed even if no physical contact occurred?
Yes, stalking does not require physical contact. Repeated harassment, following, or communication that causes fear is sufficient for a stalking charge.
3. How can I defend myself against stalking charges?
There are several potential defenses, including lack of intent, false accusations, or insufficient evidence. An experienced criminal defense attorney can help assess your case and determine the best strategy.
Contact KN Law Firm for Legal Help
If you are facing stalking charges under Penal Code 646.9, it is crucial to have experienced legal representation on your side. At KN Law Firm, we specialize in criminal defense and will work tirelessly to protect your rights. We serve Glendale, Los Angeles, and surrounding cities, offering 24/7 consultations at (888) 950-0011.
Don’t face these charges alone—reach out to us today for a free consultation and learn how we can help defend your case and protect your future..