In today’s world, where most communication happens digitally, the line between persistence and harassment can get blurry fast. What starts as a series of texts, DMs, or social media interactions can quickly escalate into criminal accusations of stalking—especially when emotions are running high after a breakup, argument, or falling out.
In California, stalking charges don’t require physical following or confrontation. They can hinge entirely on digital behavior. At Simmons Wagner, LLP, we help clients across Southern California who find themselves in this exact situation—facing serious legal trouble over what they thought was just communication.
What California Law Says About Stalking
Under Penal Code Section 646.9, stalking is defined as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat that causes them to fear for their safety or the safety of their family. What many people don’t realize is that this can apply even if no physical contact or proximity ever occurs. A pattern of texts, phone calls, or even likes and comments on social media may be enough if the alleged victim interprets it as threatening—and if the court agrees that a “reasonable person” would feel the same.
Digital Evidence Is Often the Heart of the Case
Because digital communication leaves a timestamped trail, prosecutors often build stalking cases almost entirely on phone records, chat logs, and social media activity. But context is everything. A long string of messages might look threatening without knowing the history of the relationship or the emotional tone behind them. At Simmons Wagner, LLP, we examine the full picture—pulling metadata, analyzing message timing, and reviewing interactions that the prosecution may ignore. Just because something feels excessive doesn’t mean it was criminal.
Understanding the Role of Intent
Intent is a key element in stalking cases. The law doesn’t punish you just for being persistent—it punishes you for acting with the intent to harass, threaten, or instill fear. This is often the most disputed part of a stalking charge. You might have believed you were trying to resolve a dispute, reclaim property, or explain your side of a situation. But if the other party says they felt threatened, and if the communication continued after they asked you to stop, you could still be charged.
Misinterpretations and Mutual Contact
In many cases, the communication isn’t one-sided. The alleged victim may have responded, invited contact, or contributed to the conversation before changing their stance. Unfortunately, that doesn’t always stop charges from being filed. We often find that a history of mutual communication is overlooked in police reports or dismissed in restraining order requests. Part of our job is to bring that full history into focus and challenge claims that the contact was unwanted from the start.
Penalties and Long-Term Impact
Stalking can be charged as a misdemeanor or a felony in California, depending on factors like prior convictions, restraining order violations, or whether a weapon or credible threat was involved. Penalties can include jail time, fines, probation, counseling, and a permanent criminal record. Even if the charge is ultimately reduced or dismissed, the stigma can linger—affecting jobs, relationships, and more. That’s why mounting a strong defense based on facts, intent, and context is critical.
Get the Full Story in Front of the Court
At Simmons Wagner, LLP, we don’t let our clients be defined by a one-sided narrative. We gather digital evidence, interview witnesses, and work with experts in social behavior and communication to show the full truth. If you’re facing stalking charges—especially ones built on texts or social media—we’re ready to step in and protect your rights. Call Simmons Wagner, LLP at (949) 439-5857 today to schedule a confidential consultation and get the experienced legal defense you deserve.