Bakersfield Stalking Defense Lawyer

What is Considered Stalking?

Under California Penal Code §646.9, stalking occurs when someone willfully, maliciously, and repeatedly follows or harasses another person and makes a credible threat intending to place that person in reasonable fear for their safety or the safety of their immediate family.

To convict someone of stalking, prosecutors must prove that:

1. The accused repeatedly followed or harassed another individual.
2. The conduct was willful and malicious — meaning intentional and done with ill will.
3. A credible threat was made — verbal, written, or implied — that caused the victim to reasonably fear for their safety.

It’s important to note that “harassment” doesn’t have to involve physical contact. Persistent digital communication, social media messages, or showing up uninvited can all qualify as stalking behaviors if they cause fear or distress.

Even if the alleged victim never suffered physical harm, stalking charges can still apply. That’s why it’s crucial to speak with a Bakersfield stalking defense lawyer as soon as possible if you’re under investigation or facing charges.

Common Examples of Stalking

Stalking can take many forms — both in person and online. Common examples of behavior that may be considered stalking under California law include:

• Repeatedly following someone to their home, work, or other places.
• Sending unwanted text messages, emails, or letters despite being asked to stop.
• Making repeated phone calls or leaving threatening voicemails.
• Using GPS or tracking devices to monitor someone’s location.
• Showing up uninvited at someone’s home, job, or social gatherings.
• Posting private information or photos online to intimidate or embarrass someone.
• Creating fake social media profiles to contact or monitor a person.
• Threatening harm to the victim or their loved ones.

With the rise of digital communication, cyberstalking has become increasingly common. This can involve persistent unwanted contact or harassment through social media, email, or other online platforms. Regardless of the form it takes, stalking allegations can lead to severe criminal consequences.

Penalties for Stalking in California

Stalking is a “wobbler” offense in California, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant’s criminal history.

Misdemeanor Stalking

If charged as a misdemeanor, stalking can result in:

• Up to one year in county jail,
• A fine of up to $1,000,
• Probation with conditions such as counseling or restraining orders, and
• A criminal record that can impact employment, housing, and relationships.

Felony Stalking

If the accused has a prior stalking conviction or violated a restraining order, prosecutors may file felony charges. Penalties can include:

• Up to three years in state prison,
• A fine of up to $10,000,
• Formal probation or parole, and
• A permanent restraining order prohibiting contact with the victim.

In addition, stalking can also be charged as domestic violence if it involves a current or former intimate partner. These cases often lead to harsher penalties, mandatory counseling, and long-term restraining orders.

Because stalking charges can have lifelong consequences, it’s essential to work with a Bakersfield criminal defense lawyer experienced in California stalking laws.

Stalking FAQs

What if the alleged victim has a restraining order against me?

Violating a restraining order can escalate your case to a felony. If you’re subject to a restraining order, follow it strictly and speak to a lawyer immediately to avoid further penalties.

Can I be charged with stalking if I only contacted the person online?

Yes. Cyberstalking, or using digital communication to harass or threaten someone, is treated seriously under California law and can result in the same penalties as physical stalking.

Will a stalking conviction affect my future?

Absolutely. A conviction can lead to a permanent criminal record, restraining orders, and restrictions on owning firearms. It can also impact your job prospects and professional licensing.

Can stalking charges be expunged in California?

In some cases, yes — particularly for misdemeanor convictions after completing probation. Your attorney can help determine if you qualify for expungement.

Why should I hire a stalking defense lawyer?

A skilled attorney can protect your rights, challenge the evidence, and negotiate with prosecutors for a favorable outcome. Without proper legal representation, you risk facing the full severity of California’s stalking laws.