Orange County Stalking Attorney

Criminal Defense Against Stalking Charges

California laws against stalking are found in California Penal Code § 646.9. According to the definition therein, stalking is committed when a person repeatedly follows or harasses another person with willful and malicious intent to place them in rational fear of their safety, or the safety of their immediate family. Although accusations and charges of this crime are often valid, many false accusations are made by individuals who are upset with the alleged offender, or who were confused about the meaning of the alleged offender's actions.

Fighting the Charges Against You

In some cases, stalking charges may be based on fraudulent claims, or even mistaken identity. In any case, individuals facing a charge of stalking may not be able to rely on the judge to clearly identify these issues. With the help of an Anaheim domestic violence lawyer at our firm, you may be able to prevent a conviction by disproving criminal intent and opportunity. The prosecution may present evidence and claims to incriminate you—your most effective defense is disproving these claims and exposing weak and contrived evidence.

The Consequences of a Stalking Conviction

When it is related to a case of domestic violence, stalking is taken very seriously by law enforcement. Usually, a conviction may result in one year in jail, fines up to $2,000, and probation. However, there are many circumstances where some of these punishments are more severe. For example, if the accused is in violation of a restraining order or other court order, he or she may face a longer prison sentence. In some cases, they may face up to five years in prison.

Over 1,100 Case Dismissals Secured for Our Clients

If convicted of stalking, you could have a detrimental mark on your criminal record that prevents you from obtaining decent employment in the future, unless you successfully complete probation and obtain an expungement. At our firm, Anaheim defense lawyer Barney Gibbs has personally handled more than 2,500 defense cases over the past 30 years. With our team's knowledge of the court system and judges, we skillfully defend our clients from wrongful convictions. Learn more by contacting The Law Office of Barney B. Gibbs and exploring your legal options with our domestic violence attorney in Orange County!