Los Angeles Stalking Lawyer
Facing Stalking Charges in Los Angeles
According to findings from the National Violence Against Women Survey, eight percent of women and two percent of men in the U.S. have been stalked in their lifetime. (National Institute of Justice, 1998.Stalking in America: Findings from the National Violence Against Women Survey. Washington, D.C.; U.S. Department of Justice). While the most publicized incidents involve celebrities, the majority of victims are outside of the public eye. Today, stalking is a crime in all 50 states, while interstate stalking is a federal offense.
California was the first state to enact an anti-stalking law in 1990 following the highly publicized stalking and murder of actress Rebecca Shaffer. California stalking laws are some of the country's strongest. In California, especially in Los Angeles, California law enforcement and the Los Angeles County District and City Attorney's offices recognize the danger and terror of the most serious stalking incidents and are responding by aggressively prosecuting stalkers. If you are being investigated for or are charged with stalking, contact an experienced Los Angeles criminal defense attorney at Stephen G. Rodriguez and Associates immediately to discuss your legal options.
Stalking Attorney in Los Angeles
Stalking laws across the nation cover a wide range of behavior and related charges. Stalking begins with repeated, bothersome and/or threatening behavior toward another individual by means of the Internet, personal contact, telephone/cell phone, email, facsimile or other methods of communication. When the unwanted behavior persists and causes the other person to feel frightened, intimidated or harassed, it is considered stalking and is punishable by law.
Section 646.9 of the California Penal Code defines stalking as:
- Willfully and maliciously and repeatedly
- Following or harassing another person and
- Making a credible threat verbally, in writing or by electronic communication device
- With intent to place in reasonable fear of death or bodily injury that person/ immediate family
In California, stalking can be charged as either a misdemeanor or a felony. Aggravating factors and prior criminal history are important considerations for prosecutors when they are determining how to charge the offense. They often add related charges when filing a stalking charge, such as trespassing, computer use, vandalism, burglary, terrorist threats and obscene or threatening phone calls.
First time offenders (no prior criminal history) will most likely be charged with misdemeanor stalking, if there are no aggravating factors. A misdemeanor stalking conviction can result in a sentence of up to one year in the county jail, fines, counseling, informal probation and a restraining order. Repeat offenders, including those who stalk the same victim, would likely be charged with a felony, even if there were no other aggravating factors. Felony stalking is punishable by up to five years in state prison. Stalking offenders with certain felony domestic violence or terrorist threats are subject to up to ten years in state prison. A judge could also impose a ten years restraining order as well as sex registration.
If you have been charged with or are being investigated for stalking, contact our firm as soon as possible to discuss your legal options. Stalking charges are serious and require effective and aggressive representation from the skilled criminal defense lawyers in our law firm if you want your best chance of prevailing against a stalking charge.
For a criminal defense team you can rely on to deliver effective and aggressive representation , contact a Los Angeles stalking lawyer immediately.