How To Fight Against Internet Stalking Charges – Penal Code Sections 646.9, 653.2
Internet stalking charges can seem overwhelming and life-altering. If you’re facing these accusations, it’s crucial to understand your legal options and how to defend yourself successfully with the help of a knowledgeable criminal defense attorney. This blog post will guide you through the intricacies of internet stalking laws, the strategies to build a strong defense and how hiring the right law firm can help you win your case.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.
Understanding Internet Stalking Laws
What Constitutes Internet Stalking?
Internet stalking, often referred to as cyberstalking, involves using online platforms to engage in behavior that causes fear or distress to another person. This can include sending threatening messages, hacking into someone’s social media accounts, or repeatedly contacting someone despite their requests to stop.
California Penal Code Sections for Internet Stalking
In California, internet stalking is primarily governed by Penal Code Section 646.9, which outlines the elements of stalking, including the use of electronic communication to harass or intimidate another individual. This section defines stalking as willfully, maliciously, and repeatedly following or harassing another person, causing them to fear for their safety or the safety of their loved ones.
Offenders may face either misdemeanor or felony charges, contingent upon the severity of the actions and any prior convictions. A misdemeanor conviction can result in penalties of up to one year in county jail and fines up to $1,000. In contrast, a felony charge under this section can carry more severe penalties, including imprisonment from 16 months to 3 years in state prison and potentially steep fines reaching as high as $10,000.
Additionally, Penal Code Section 653.2 addresses the unlawful use of electronic devices to stalk individuals, emphasizing that the offense may involve electronic communication, including emails, texts, and social media interactions. Violations of this section can result in serious legal consequences, including felony charges, restraining orders and significant penalties that may include imprisonment and fines.
Misdemeanor charges may lead to up to one year in county jail and fines up to $1,000, while felony charges can result in imprisonment for 16 months to 3 years in a state prison, along with fines up to $10,000.
Key Defense Strategies for Internet Stalking Charges
When facing allegations of internet stalking, it is vital to develop a robust defense strategy to protect your rights and reputation. Here are some key approaches to consider:
Consent and Mutual Communication
If the communications between you and the alleged victim were consensual or part of a mutual interaction this can be a strong defense. Establishing that there were prior consensual communications between the parties can mitigate the perception of harassment and help you win your case.
Insufficient Evidence
The prosecution is responsible for proving the charges beyond a reasonable doubt. A key defense strategy will involve scrutinizing the evidence they present and emphasizing its insufficiency. This includes questioning the credibility of witnesses, the context of the communications and any circumstantial evidence that may not link you to the alleged stalking behavior.
Lack of Intent
One effective defense is to challenge the prosecution’s claims that you had the intent to harass or intimidate the alleged victim. Demonstrating that your actions were not malicious and lacked the intent required for a stalking charge can be crucial. This may involve presenting evidence showing a lack of harmful intent or a misunderstanding of your communications.
False Accusations
In some cases, individuals may be falsely accused of internet stalking due to personal conflicts or misunderstandings. Your criminal defense attorney can work to investigate the motives behind these accusations, exposing any potential biases or inconsistencies in the alleged victim’s story.
Mental State and Context
Showing that your mental state at the time of the alleged offenses was not one of malice can also be a significant defense strategy. Additionally, providing context for your behavior, such as emotional distress or mental health issues, might help in portraying your actions in a more sympathetic light.
Engaging in these strategies with the guidance of an experienced criminal defense attorney can enhance your chances of a favorable outcome and ensure that your rights are effectively defended throughout the legal process.
Contact Wallin & Klarich Today
If you are facing an internet stalking charge, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients obtain positive outcomes in their cases. We know the most effective defenses to argue on your behalf and we will do everything in our power to help you win your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between a jail sentence and your freedom. Let our skilled attorneys examine your case to find the best way to help you now. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.