Defending Against Serious Allegations in California
At Simmons Wagner, LLP, we recognize that a stalking charge can upend your life, threatening your freedom, your reputation, and your personal relationships. Under California law, stalking is treated as a severe offense, often accompanied by protective orders and other strict conditions. Our firm, based in Irvine, represents individuals across Orange County and throughout the state, crafting strategic defenses to combat these potentially life-altering accusations. If you or a loved one has been accused of stalking, call (949) 439-5857 for a confidential consultation.
Understanding Stalking Under California Law
Stalking in California is primarily governed by Penal Code § 646.9, which makes it a crime to:
- Willfully, maliciously, and repeatedly follow or harass another person, and
- Make a credible threat that causes the victim to fear for their safety or the safety of their immediate family.
“Harassment” refers to a willful course of conduct that seriously alarms, annoys, torments, or terrorizes another individual without a legitimate purpose. “Credible threat” includes verbal, written, or implied threats that place the target in reasonable fear.
Aggravating factors—such as violating a restraining order or stalking someone after a prior conviction—can elevate stalking to a felony, carrying even harsher penalties.
Potential Consequences
Misdemeanor or Felony Conviction
- Depending on the circumstances and prior history, stalking can be charged as a misdemeanor or a felony. A felony conviction may result in multiple years in state prison.
Restraining Orders
- Courts often issue criminal protective orders or domestic violence restraining orders prohibiting any contact or proximity with the alleged victim.
Jail or Prison Time
- Misdemeanor offenses can lead to up to a year in county jail, whereas felony convictions can result in several years of incarceration.
Fines & Probation
- Significant fines, court fees, and probation terms (including electronic monitoring or mandatory counseling) are common.
Long-Term Impact
- A stalking conviction can jeopardize employment prospects, housing opportunities, and personal relationships. It also may come with a criminal protective order, making future compliance vital to avoid additional charges.
Our Approach
Immediate Case Review
We analyze police reports, witness statements, social media, text messages, and any available evidence. By investigating inconsistencies or improper procedures, we identify weaknesses in the prosecution’s case.
Challenging the Elements of Stalking
Lack of Intent: We examine whether actions were truly willful or malicious.
No Credible Threat: We dispute claims that the alleged victim had a reasonable fear for safety.
Context & Relationship: We look at the broader context—often, stalking allegations arise out of misunderstandings, breakups, or exaggerated claims during contentious disputes.
Negotiation and Courtroom Advocacy
While we aim to resolve matters through negotiation when appropriate (e.g., reducing or dismissing charges), we are prepared to defend you rigorously in court if no fair resolution is offered. Our firm’s courtroom experience ensures every challenge is mounted against the prosecution’s evidence.
Protecting Your Rights
During criminal proceedings, we safeguard your constitutional protections—particularly regarding search and seizure or self-incrimination issues—ensuring law enforcement followed proper protocols.
Post-Case Support
If you are subject to restraining orders, probation, or other conditions, we guide you through compliance to minimize the risk of future allegations or violations. Where possible, we also explore avenues for post-conviction relief.
Why Choose Simmons Wagner, LLP in Irvine, CA, for Stalking Defense?
- Focused Criminal Defense Experience
Our attorneys have a proven record defending against serious criminal allegations—including those involving domestic violence and harassment. We understand prosecutors’ tactics in stalking cases and proactively counter them. - Detail-Oriented Investigations
From phone logs and digital footprints to witness credibility, we leave no stone unturned in challenging the evidence used to prosecute stalking allegations. - Client-Centered Representation
We recognize the personal and emotional toll these charges can have. Our team provides clear communication and empathetic support, ensuring you remain informed and empowered throughout the legal process. - Strategic Partnerships
We collaborate with private investigators, digital forensic experts, and, when appropriate, mental health professionals to build the strongest possible defense. - Local Knowledge, Broad Reach
Based in Irvine, we know the ins and outs of Orange County’s courts. Our firm also takes on cases throughout California, utilizing our statewide network to fight for your best outcome.
Contact Us
Stalking allegations in California can carry severe legal, financial, and personal consequences. If you are under investigation or facing charges, don’t navigate these accusations alone. Call Simmons Wagner, LLP at (949) 439-5857 for a free, confidential consultation. We stand ready to defend your rights, protect your future, and ensure your side of the story is heard.