Stalking–Explained by a California Criminal Defense Law Firm

At Power Trial Lawyers, we understand that allegations of stalking can turn your world upside down. Located in Orange County and Los Angeles County, our seasoned attorneys bring a wealth of legal acumen and tenacity to every case, guiding you through the complex legal landscape. We work diligently to protect the rights of individuals facing stalking charges, offering solid defense strategies tailored to meet their unique circumstances. Regardless of how serious the accusations may be, we believe in your right to a vigorous defense. We pursue every avenue to challenge the prosecution’s case and fight for a favorable outcome. The process begins with understanding your side of the story – reach out to us at (213) 800-7664. At Power Trial Lawyers, your defense is our priority. Allow us to stand by you and advocate for your rights, safeguarding your future.

Definition of Stalking

Navigating the complexities of a stalking case can be daunting, but our Orange County and Los Angeles County, California-based law firm is proficient in tackling such intricate legal challenges. According to California Penal Code Section 646.9, stalking is defined as willfully, maliciously, and repeatedly following or harassing another person, creating a credible threat with the intent to place them in reasonable fear for their safety or the safety of their immediate family. Our team can efficiently discern between an act, gesture, or pattern that is considered legally stalkable and actions that not.

Our well-versed team provides comprehensive representation of criminal defendants accused of stalking. Even though the crime of stalking is often linked with relationship breakups or celebrity obsessions, several other scenarios can also lead to these charges under California law and can lead to serious consequences if not appropriately represented. We firmly believe the accused have the right to fair representation, and our commitment is to ensure that you receive the support and robust defense that you deserve.

Every situation is unique, and hence, the defense strategy should match the circumstances of each case. The depth of understanding and familiarity our law firm has in handling stalking cases enables us to craft tailored strategies to counter the charges convincingly. This customization of defense strategies, backed by our profound commitment to preserving our client’s rights, makes our law firm the ideal choice for those facing such charges.

Our law firm is prepared to stand up for the legal rights of the accused and provide them with the distinctive defense they need to protect their future. Taking a comprehensive approach, we fiercely advocate for our clients at every step of the process, through hearings, potential plea bargains, trials, and, if necessary, appeals.

Example of Stalking

Based in Orange County and Los Angeles County, California, our law firm is committed to representing and guiding individuals who find themselves on the defendant’s side of a stalking charge. California law defines stalking as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent of instilling fear for their own safety or the safety of their immediate family.

Imagine you’re at a local grocery shop, and you happen to see a former colleague. You greet them, ask about their well-being, and part ways. The next day, you run into the same individual at a coffee shop on your route to work. Coincidences do happen, but because of unresolved issues from your shared past, they perceive these innocent encounters as stalking and decide to report you. In this scenario, our law firm can aid you.

Or consider this: you’re an aspiring photographer, constantly snapping pictures in public spaces, focusing on capturing candid human emotions. One day, an individual who is recurrently captured in your pictures approaches law enforcement, claiming they’re being stalked. Once again, our law firm can come to your rescue, setting forth the narrative of your creative intent behind your actions.

These examples underscore that, sometimes, actions can be misconstrued, leading to severe legal implications under the umbrella of stalking. As defenders of those in such predicaments, we offer diligent representation, unwavering commitment, and an objective interpretation of the law to navigate these legal waters. We firmly believe that everyone deserves a fair chance and an emphatic defense, no matter the circumstances. Our aim is to provide this opportunity to our clients, helping them protect their rights and reclaim their freedom.

Offenses Related to Stalking

Based in Orange County and Los Angeles County, California, our law firm is dedicated to providing astute, understanding, and tenacious legal assistance to clients undergoing criminal trials, including those mentioned in the context of stalking-related offenses. While we deal with a broad spectrum of related crimes, some significant violations we frequently manage include:

  • Kidnapping: This crime involves forcibly, or through fraudulent means, moving another individual a significant distance. This offense often coexists with instances of stalking as the progression of the perpetrator’s intent could lead to such extreme actions.
  • Assault: Whereas stalking constitutes intrusive and unwanted attention, assault takes the violation one step further into a physically harmful domain. Assault is an intentional act that leads to the apprehension of harmful or offensive contact.
  • Rape: This serious felony involves non-consensual sexual intercourse, and although not all stalking cases escalate to this level, the possibility does exist.

Other associated crimes can include criminal threats, intimate partner violence, and unlawful surveillance. At our law firm, we understand the immense stress a criminal charge can bring. We strive to lighten your burden, ensuring your rights are protected and your case is strongly defended. Please note that while this list does not include every crime that could coexist with stalking, it represents the types of cases our attorneys can proficiently handle. As your chosen legal representative, rest assured that your case is in competent hands. We’re here to help make your journey through the legal system less daunting.

Defenses to Stalking

At our law firm, operating from the heart of Orange County and Los Angeles County, California, we scrutinize every facet of a stalking charge to ensure our clients receive a tenacious defense. We address valuable legal counterarguments to dismiss or downplay allegations of stalking, persevere on our client’s behalf, to fight for the utmost favorable outcome.

  • Lack of Intent: It’s essential to establish that the defendant had a direct and precise intention to cause fear, distress, or harm. If it can be shown they didn’t intend to provoke these feelings, the stalking charges may not hold up in court.
  • False Accusation: In tumultuous relationships or emotional circumstances, people may sometimes distort the truth or construct false accusations. We scrutinize the credibility of the accuser and cross-examine evidences for any disparities to uphold your innocence.
  • Constitutionally Protected Activities: Actions such as peaceful protests, picketing, and other forms of public discourse are shielded under the realm of constitutionally protected activities, unless they’re explicitly intimidating or threatening. We evaluate such acts meticulously to ascertain they don’t extend to stalking.
  • Insufficient Evidence: The Prosecution must prove beyond a reasonable doubt that the defendant committed stalking. In the absence of substantial proof, the charges may be dismissed. We push for an examination of the evidence to ensure there’s ample substantiation to warrant a stalking charge.
  • Mistaken Identity: Given the common nature of communication technologies involved, it’s plausible for mistaken identities to occur. We pursue this defense line, upholding your innocence when possible.

Understanding each case is as unique as our client, we offer personalized defense strategies, tailoring them to your specific circumstances, fostering a comprehensive defense.

Penalties for Stalking

Based in scenic Orange County and Los Angeles County, our distinguished law firm is well-equipped to provide comprehensive legal services to individuals facing charges related to stalking under California law. With an inherent understanding of the immense strain that such legal predicaments can impose, our legal team combines a deep understanding of state laws with a commitment towards personalized client service to help navigate this complex process.

Under California law, stalking is considered a significant criminal offense and carries severe penalties. Depending upon the circumstances surrounding the case and applicable prior convictions, individuals convicted of stalking may face both imprisonment and substantial fines. The judicial system adheres to a complex set of guidelines when determining the degree of punishment. Factors such as violation of a protective order, use of a deadly weapon, or repeat offenses can all influence the extent of the penalties.

We emphasize the importance of understanding that every case carries its own unique set of circumstances and legal implications, and only by engaging qualified legal counsel, can you truly comprehend potential outcomes. Our law firm is equipped to represent criminal defendants, offering a robust and unbiased defense aimed at ensuring the enforcement of your rights and weaving an effective defense strategy tailored to your case.

No case is too intricate for our adept team, our deep-rooted comprehension of the intricacies of California stalking laws allows us to provide astute legal counsel aiding our clients navigating the tumultuous path of criminal allegations. Trust in our seasoned professionals for comprehensive legal representation that places your needs at the forefront.

Ready to Battle the Prosecution for You

At Power Trial Lawyers, we aren’t just versed in the law; we’re committed to our clients. Based in Orange County and Los Angeles County, we are prepared to go toe-to-toe with the prosecution, contesting every claim and every piece of evidence in order to present a robust defense in your stalking case. We delve into the specificities of each case as we investigate and challenge the veracity of the prosecution’s assertions. We believe in upholding your rights against potentially exaggerated or misconstrued claims, ensuring your voice is heard and your story is told with conviction. Our attorneys stand ready to fight for a favorable outcome, utilizing our legal acumen to negate or lower potential penalties. Meticulous, detailed, and thorough, we embody every quality you need in your corner during a stalking charge. Don’t face allegations and potential penalties alone; let us advocate for you. Reach out to us at Power Trial Lawyers, and let’s navigate these challenges together.

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