According to findings from the National Violence Against Women Survey, eight percent of women and two percent of men in the United States have been stalked in their lifetime. (National Institute Justice, 1998. Stalking in America: Findings from the National Violence Against Women Survey. Washington, D.C.; U.S. Department of Justice). While the most publicized incidents involve celebrities, the majority of victims are outside of the public eye. Today, stalking is a crime in all 50 states, while interstate stalking is a federal offense. California was the first state to enact an anti-stalking law in 1990 following the highly publicized stalking and murder of actress Rebecca Schaffer. California stalking laws are some of the country’s strongest. In California, especially in Los Angeles, California Law Enforcement and the Los Angeles County District and City Attorney’s offices recognize the danger and terror of the most serious stalking incidents and are responding by aggressively prosecuting stalkers. If you are being investigated by law enforcement for stalking or have been charged with stalking, contact an experienced stalking defense attorney immediately to discuss your legal options.

Criminal Stalking

Stalking laws vary from state to state, but all states now have some type of law against stalking. Stalking laws cover a wide range of behavior and related charges. Stalking begins with repeated, bothersome and/or threatening behavior toward another individual by means of the Internet, personal contact, telephone, cell phone, email, facsimile or other methods of communication. When this unwanted behavior persists and causes the other person to feel frightened, intimidated, or harassed, it is considered stalking and is punishable by the state’s stalking law.

California Law

Section 646.9 of the California Penal Code defines stalking as:

• Willfully and maliciously and repeatedly
• Following or harassing another person and
• Making a credible threat verbally, in writing or by electronic communication device
• With the intent to place that person in reasonable fear of death or bodily injury to that person or to his or her immediate family.

In California, stalking can be charged as either a felony or misdemeanor. Aggravating factors and prior criminal history are important considerations for prosecutors when they are determining whether to charge stalking as either a misdemeanor or felony. Prosecutors often include additional related charges, such as unlawful trespassing, computer use, vandalism, burglary, criminal threats, and obscene or threatening phone calls, when filing a stalking charge

Penalties

First-time offenders (those with no prior criminal history) will most likely be charged with misdemeanor stalking, if there are no aggravating factors. A misdemeanor stalking conviction can result in a sentence of up to one year in county jail, fines, counseling, informal probation and a restraining order. Repeat offenders, including those who stalk the same victim, would likely be charged with a felony even if there were no other aggravating factors. Felony stalking is punishable by up to five years in state prison. Stalking offenders with certain felony Domestic Violence or Criminal Threats convictions are subject to up to ten (10) years in state prison. A judge could also impose a ten (10) year restraining order as well as sex offender registration.

Los Angeles Stalking Defense Lawyers

If you have been charged with stalking or are being investigated for stalking, call the criminal defense attorneys at Rodriguez, Lewis & Kahn as soon as possible to discuss your legal options. Stalking charges are serious and they require effective and aggressive representation. We are experienced criminal defense attorneys skilled in defending stalking cases.