Stalking charges in California are serious and can carry severe penalties, including jail time, restraining orders, and lasting damage to your reputation. But despite how intimidating these allegations may be, a stalking conviction is not automatic. Under California Penal Code § 646.9, the prosecution must meet three specific legal requirements to convict someone of stalking. If just one of these elements is missing or unproven, the charges may not hold.
At Simmons Wagner, LLP, we represent individuals facing complex criminal charges like stalking and know how to challenge the evidence at every step. Here’s what the prosecution has to prove—and where your defense may begin.
Element 1: Willful, Malicious, and Repeated Harassment or Following
The first requirement is that the defendant willfully, maliciously, and repeatedly harassed or followed another person.
- Willfully means the act was intentional—not accidental.
- Maliciously means the behavior was done with wrongful intent or to annoy, harm, or disturb.
- Repeatedly means the behavior happened more than once.
This could include showing up at someone’s job multiple times, following them in a car, or contacting them through multiple online platforms. However, isolated incidents or misunderstandings do not usually rise to the level of stalking.
Possible Defense: Lack of Intent or Repetition
If the conduct was innocent, mistaken, or occurred only once, your attorney may argue that this element isn’t met. A strong defense might also demonstrate that your behavior had a lawful purpose, such as a custody exchange or professional interaction.
Element 2: A Credible Threat
The second element requires that the defendant made a credible threat—a statement or action that would cause a reasonable person to fear for their safety or the safety of others.
Credible threats can be made in many ways, including:
- Verbal threats
- Written communication (emails, texts, letters)
- Messages sent through social media
- Implied threats through conduct
Importantly, the threat doesn’t have to be carried out—it just has to be believable enough that a reasonable person would feel threatened.
Possible Defense: No Credible Threat Made
If the alleged threat was vague, sarcastic, or not reasonably interpreted as dangerous, this element may not be satisfied. Your defense may also show that the threat was never made at all, or was made in a context that wasn’t threatening (such as in a heated argument with no follow-up).
Element 3: Intent to Cause Fear
Finally, prosecutors must prove that the defendant intended to cause fear in the victim. The fear must be:
- Reasonable under the circumstances, and
- Sustained, meaning more than just a momentary scare
This is a subjective and objective test—meaning both the victim must have felt fear and that the fear must have been reasonable from an outside perspective.
Possible Defense: No Intent to Frighten
If your words or actions were misunderstood or taken out of context, your attorney can argue that there was no intent to scare. For example, if you sent multiple messages trying to apologize or reconcile with someone, that may be annoying—but it doesn’t automatically prove intent to intimidate.
Why Legal Representation Matters
Stalking cases often involve emotionally charged accusations and complicated relationships. The prosecution will likely rely on texts, social media, surveillance footage, and witness statements. But evidence is not always what it seems, and your side of the story deserves to be heard.
At Simmons Wagner, LLP, we take a proactive approach to stalking defense:
- We investigate the alleged conduct thoroughly
- We challenge the credibility and interpretation of threats
- We explore all lawful or innocent explanations for your behavior
- We work to have charges reduced or dismissed entirely when possible
Facing a Stalking Charge? Don’t Wait.
If you’ve been accused of stalking in Southern California, you need experienced legal representation right away. The earlier you involve a defense attorney, the more options you’ll have to protect your freedom and your future.
Call Simmons Wagner, LLP at (949) 439-5857 today for a confidential consultation. Let us help you fight the charges and move forward with confidence.