What if I got arrested for stalking, what does the prosecution need to prove and what is the punishment?

By: Wallin & Klarich

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person;and2. The defendant made a credible threat with the intent to place the other person in reasonable fear for her safety or for the safety of her immediate family.

Harassing means engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose. A course of conduct means two or more acts occurring over a period of time, however short, demonstrating a continuous purpose.

Under penal code section 646.9(a), this crime is considered a wobbler, which means that the district attorney will have discretion in filing the case as a felony or misdemeanor. If the case is file as a felony, the maximum time in prison a person could receive for this crime would be up to 3 years. However, if the case is filed as a misdemeanor, then the maximum time in county jail a person could receive would be up to one year.

If you or a loved one have been accused or charged with this crime, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.

Posted In: Criminal Defense