California Stalking Charge | Arrest - Los Angeles Criminal Defense Attorney

CALIFORNIA STALKING
Celebrity · Cyber · Law · Charge · Arrest

Los Angeles Criminal Defense Attorney

STALKING - A DANGEROUS GAME
Stalking is a criminal offense and should not be taken lightly. In California, the definition of stalking includes a series of actions that puts another person in fear for their safety. Stalkers begin with repeated, bothersome behavior toward another individual or celebrity by means of the Internet, personal contact, telephone, cell phone, email, facsimile, or other methods of communication. When this unwanted behavior persists, it is considered stalking and punishable by California Law.

THE FACES OF STALKING
California stalking crimes manifest themselves in a variety of ways. From cyberstalking to personal assault and harassment, California criminal stalking laws cover a wide range of behavior and related charges.

Stalking Behavior

Watch, follow, threaten, harass, loiter, vandalize
Assault, including sexual, emotional, and physical
Repeatedly make unwanted cell phone and/or telephone calls
Send repeated mail, gifts, and/or packages
Cyber stalk with Internet usage, including:
- Chat room impersonations
- Fraudulent online actions
- Misrepresent identity in emails or websites
- Send repeated, unwanted email messages

CALIFORNIA LAWS AGAINST STALKING
Celebrity stalking of Rebecca Schaffer in 1990 prompted strict California anti-stalking laws. Under section 646.9 of the California Penal Code, a person is guilty of stalking when they, "willfully and maliciously and repeatedly follow or harass another person and make credible threats with the intent to place that person in reasonable fear for his or her safety or that of an immediate family member". California stalking can be charged as either a felony or misdemeanor resulting in strict penalties.

WHO IS STALKED?
Stalkers do not favor one racial group over another. In fact, the majority of stalking charges involve stalking against ordinary California citizens. While stalking statistics show that women are stalked almost 75% of the time, this stalking behavior is in many cases a result of domestic violence. Celebrities are not stalked more frequently than the average person; they just make the headlines much faster due to the nature of their fame.

California Stalking Statistics

The average person is stalked between one and two years before the stalking stops
Over three-quarters of California stalking cases involve women being stalked by men
In many cases stalking is the result of domestic violence
Although celebrity stalking makes up a smaller portion of the California stalking statistics, the cases tend to be more aggressive
Cyber stalking is on the rise as Internet usage increases
Los Angeles STAT (Stalking and Threat Assessment Team) is a separate department of the Los Angeles Police Department devoted exclusively to stalking cases

CALIFORNIA STAKLING PENALTIES
For first-time stalking offenders, with no prior criminal history or aggravating factors, the stalking charge will most likely result in a misdemeanor, with up to one year in county jail as penalty. For repeated stalking offenders, with or without a prior criminal history, the penalty would most likely result in a felony charge with up to five years in California state prison. Aggravating factors and prior criminal history are important considerations when classifying a stalking charge as either a misdemeanor or felony.

STALKING VICTIMS
If you are the victim of a stalker, please contact your local law enforcement agency and file a police report. It is likely that criminal charges would be filed if there is enough evidence. Alternatively, you may wish to file a restraining order against your stalker to prevent further stalking.

CALIFORNIA CRIMINAL DEFENSE
If you have been charged with stalking in California, please call the criminal defense attorneys at Stephen G. Rodriguez & Associates to discuss your case. Our experienced lawyers will thoroughly evaluate all the facts, including any potential defense.

Please contact us for a FREE CONSULTATION

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173

Stephen G. Rodriguez& Associates represents clients in the Southern California (CA) region, including Los Angeles, Beverly Hills, Santa Monica, Hollywood, San Fernando Valley, Orange County, Santa Ana, Fullerton, San Diego, Santa Barbara, Ventura County, Kern County, Bakersfield, San Bernardino, and Riverside County.

Some of the terms that pertain to our practice include but are not limited to: dui, child abuse, identity theft, drunk driving, fraud, domestic violence, grand theft, felony, kidnapping, narcotic, robbery, misdemeanor, restraining order, arrest warrant, theft, hit and run, vandalism, arson, traffic charges, shoplifting, stalking, embezzlement, burglary, extortion, bench warrant, expungement, assault and battery, terrorist threat, sex offenses, solicitation, probation violation, suspended license, carjacking, gun weapon, attempted murder, petty theft, alternative sentencing, lewd conduct, drug possession, clear criminal records, juvenile offense, seal juvenile records, prostitution, rape.

CALIFORNIA STALKING Celebrity · Cyber · Law · Charge · Arrest

CALIFORNIA STALKING
Celebrity · Cyber · Law · Charge · Arrest