Southern California Stalking Defense Attorney
Are you facing stalking charges? Get help from an expert stalking defense attorney now
Stalking consists of following, harassing, and/or threatening someone until it causes that person to fear for their own safety and/or the safety of their family. Stalking can be done in person as well as online, so occasionally stalking falls into the category of internet crime. For example, sending someone harassing emails or texts would be considered stalking just like more traditional stalking activities such as following someone home from work. Many stalking cases are also associated with domestic violence, with over half of all cases involving people who know each other rather than strangers. If you’re facing stalking charges in California, the bad news is that California’s stalking laws are considered some of the toughest and most comprehensive in the country. The good news is that an expert Southern California stalking defense lawyer can still help you defend your rights.
Penalties for Stalking
In general, stalking can be prosecuted as either a misdemeanor or a felony depending on the facts of the case. However, stalking will automatically be considered a felony if it violated a court-issued protective order or if the alleged stalker already has a conviction for stalking. Misdemeanor stalking convictions are punished with probation and up to a year in jail, while a felony conviction will bring 16 months to five years in state prison. Additional jail time may apply if aggravating conditions such as serious injury to the victim or the use of a weapon exist. A judge could order counseling and issue a restraining order against the defendant in both cases. If the stalking was determined to be sexually motivated, a conviction could also result in mandatory registration on the sex offender list.
Possible Legal Defenses
Many stalking accusations are groundless. A criminal defense lawyer will always investigate the possibility that the alleged victim is trying to punish or hurt the defendant with a false accusation. Arguing that the threats allegedly made to the victim were non-credible or fall under the protection of free speech is another excellent tactic for a stalking defense attorney to use.
Choosing Your Southern California Stalking Defense Lawyer
A stalking defense lawyer needs to be tenacious and determined. Dan E Chambers has the skills and experience needed to evaluate the prosecution’s evidence and determine how to combat that evidence. As a former prosecutor himself, he knows how prosecutors think and he can outmaneuver them in your legal defense as your southern California criminal defense attorney.