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How to Prove That You Weren't Stalking Someone

Have you been accused of or charge with stalking someone (CA Penal Code 646.9)? Although stalking might seem more or less innocuous because it does not involve physical violence, prosecutors will chase down a stalking conviction however they can. Stalking is often considered a form of domestic violence because it is generally carried out by people who are related to the alleged victim, and prosecutors can build their reputations by securing domestic violence convictions.

As Los Angeles Attorney Seppi Esfandi says, "The authorities take domestic violence cases very seriously and they can lead to loss of your reputations, gun rights, and a criminal record that stays with you for good. Getting representation immediately is the first step to protecting yourself."

Building a Defense Against Stalking Charges

To defend yourself against a stalking charge, you first need to understand what it is the charge said you did. Essentially, to be convicted of stalking, the prosecution needs to prove that you knowingly and repeatedly harassed or followed the alleged victim and with the intent to physically or emotionally harm them. You must have also made a separate and specific threat against that person that a reasonable person would assume was possible.

Your defense could stand a strong chance if it is able to dismantle these elements of the stalking charge. Following or harassing someone once or twice might not constitute stalking. Making an outlandish threat against someone might not constitute stalking. Making a credible threat but not following or harassing someone might not constitute stalking.

As with any criminal defense case and the charges they involve, the smallest details in a stalking case count. We highly advise that you work with a criminal defense attorney who is well-versed in California’s stalking charges and how to best fight them. The sooner you hire an attorney, the better they can work on your case and look for a viable defense strategy.