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

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.

About Wallin & Klarich


Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.