Charged with Stalking?
The crime of stalking is in violation of the California Penal Code Section 646.9. Stalking crime consists of willfully, maliciously, and repeatedly following or harassing another person in such a way that the stalked person reasonably fears for his or her safety, or the safety of his or her immediate family. The initial complaint of harassment usually results in either a domestic violence or civil harassment restraining order (see the other section on this site for more information on restraining orders). Generally, but not always, stalking charges are only brought by the District Attorney following repeated violations of some form of restraining order.
Stalking is a specific intent crime and very defensible. The District Attorney must establish that the “stalker” formed the specific intent to frighten the complaining party. Often the District Attorney can establish that multiple violations of a restraining order, but not that the “stalker” intended to fright the complaining party. Again, the fact that the the complaining party was frightened does not establish that the accused form the specific intent to frighten.
If you have stalking charge against you, it is important that you immediately contact a domestic violence attorney who can advise you of your legal rights. If you have been arrested for stalking, domestic violence attorney Joseph T. Rhea will present your best defense.
Call Joshua Tree Criminal Defense Attorney Joseph T. Rhea at (760) 327-3711 to schedule a consultation.