Being accused of stalking can negatively impact your daily life. Stalking charges are taken seriously in California, and it is crucial to hire an attorney with expertise in criminal law. If you are ultimately convicted, you can expect felony charges and strict restraining orders that can limit where you can live and work. Stalking can be classified as a felony offense, especially under circumstances like prior convictions or violations of protective orders. If you have been charged with stalking in San Diego, the risks are too severe to go without the representation of a skilled criminal defense attorney.
At Bernal Law, our principal stalking defense attorney, Pedro Bernal, worked as a prosecutor for almost a decade and understands how to defend against the prosecution’s tactics. He has a proven track record of success and is ready to help you protect your rights and interests. When you partner with our firm, you can rest assured your case is in the capable hands of a seasoned legal professional.
How Can a Skilled Criminal Defense Attorney in San Diego Help You?
After being accused of a crime, many individuals incorrectly assume they may face automatic conviction. Fortunately, this is not necessarily the case. A skilled stalking defense attorney in San Diego can help you fight your charges and craft a defense tailored to your unique situation. Stalking can be classified as either a felony or a misdemeanor depending on the specifics of the case. The skilled legal team at Bernal Law is prepared to assist you in the following ways:
- Thoroughly investigating every detail of your case
- Preparing your case for trial
- Collecting evidence and devising a solid defense strategy
- Negotiating with the prosecution on your behalf
- Helping you formulate a plea deal
- Ensuring you understand your legal rights and options
- Evaluating potential sentences
- Guiding you through every step of the complex criminal justice system
Your San Diego stalking defense attorney will evaluate every detail of the incident and gather evidence to cast doubt on the prosecution’s case. Attorney Pedro Bernal’s experience as a prosecutor gives him unique insight into how to best combat the charges against you and protect your rights and freedoms. Stalking involves causing a person to fear for their own safety or the safety of their immediate family.
What Are California’s Stalking Laws and Credible Threats?
Under California Penal Code §646.9(a), criminal stalking consists of two elements:
- The defendant intentionally and maliciously harassed or repeatedly followed the victim
- The defendant made a credible threat against the victim or her immediate family
The prosecution bears the burden of proof when it comes to criminal charges and must establish your guilt beyond a reasonable doubt to achieve a conviction.
Given the complexities of stalking cases, it is crucial to hire an attorney experienced in stalking cases to navigate the intricacies of the law.
California punishes stalking harshly, and those convicted may face life-altering consequences. Stalking is classified as a wobbler offense and may be prosecuted as a misdemeanor or a felony, depending on the facts of the case. If you are convicted of a misdemeanor, you may face up to one year in county jail and a $1,000 fine. On the other hand, felony convictions carry penalties of up to five years in state prison and a fine of $1,000. Because the stakes are so high, it is essential to retain the services of a talented stalking defense attorney.
Stalking Charges in San Diego: Understanding the Law
Stalking is a serious crime in California, and those charged with it face severe penalties. In San Diego, stalking charges can be filed as either a misdemeanor or a felony, depending on the circumstances of the case. A misdemeanor charge might be pursued if the incident is deemed less severe, while more serious cases can lead to felony charges. Understanding the nuances of these charges is crucial, and this is where a skilled criminal defense attorney becomes indispensable. They can help you navigate the complexities of a stalking case, ensuring you are well-informed about the law and your rights.
Defending Against Stalking Charge in San Diego California
There are various strong defense strategies your San Diego stalking defense attorney may utilize to reduce or dismiss your stalking charge. Stalking can be classified as a felony offense with severe penalties, especially under circumstances like prior convictions or violations of protective orders. A few of the most common defenses for stalking accusations in California include the following:
- A lack of a credible threat: To be found guilty of stalking, the defendant must have made a credible threat against the victim. Therefore, your attorney may assert that while a threat may have been made, it was not credible or meant seriously.
- A lack of intent to frighten: Another essential element of a stalking offense is a threat intended to scare the victim. Through this strategy, your attorney may claim that the threat in question was not meant to cause any fear.
- The defendant’s actions are protected under their constitutional rights: If the defendant’s alleged stalking behaviors are covered under their constitutional rights, such as lawfully protesting, they did not commit a crime.
- Your identity was mistaken: If the defendant misidentified you as their stalker, you may be charged with a crime despite your innocence. In this scenario, your stalking defense attorney in San Diego can present evidence contradicting your ability and opportunity to commit the crime.
This is only a partial list, and your San Diego stalking defense attorney will customize your defense to the facts of your case. The skilled stalking defense attorneys at Bernal Law will take the time to get to know you and your situation and personalize their services to your needs.
Mitigating Factors and Reducing Charges
In some cases, mitigating factors can reduce the severity of stalking charges. For instance, if the defendant has no prior criminal record, the charges may be reduced to a misdemeanor. Additionally, if the alleged victim’s fears are deemed unreasonable by a reasonable person standard, the prosecution’s case may be significantly weakened. A knowledgeable attorney can help identify these mitigating factors and develop a robust defense strategy to reduce the charges. By meticulously examining the details of your case, they can present arguments that highlight these factors, potentially leading to a more favorable outcome.
Penalties and Consequences
The penalties for stalking charge in San Diego can be severe. If convicted of a misdemeanor, the defendant may face up to one year in county jail and a fine of up to $1,000. If convicted of a felony, the defendant may face up to five years in state prison and a fine of up to $10,000. Beyond these immediate penalties, a stalking conviction can also result in a restraining order, which can severely limit the defendant’s ability to contact the alleged victim or their immediate family.
In some cases, a stalking conviction can also lead to sex offender registration, which carries its own set of serious consequences. This can include restrictions on where the defendant can live and work, significantly impacting their daily life. A criminal defense attorney can help individuals understand the full scope of these potential consequences and develop a defense strategy aimed at minimizing them.
If you or someone you know is facing a stalking charge in San Diego, it is essential to seek the advice of a skilled criminal defense attorney. A free consultation can provide valuable insight into the case and help individuals understand their options. Don’t face the complexities of a stalking case alone – contact a criminal defense attorney today to schedule a free consultation.
Discuss Your Legal Options With a Seasoned San Diego Stalking Defense Lawyer
If you have been charged with stalking in California, you need a highly qualified defense attorney on your side. At Bernal Law, we are dedicated to providing the best possible representation to the criminally accused. We aim to get to the heart of your case by gathering evidence and conducting a meticulous investigation. We understand the stresses of facing criminal charges, and we will do everything we can to make the legal process as straightforward as possible.
To schedule a free consultation, call us today at (619) 473-2514 or complete our online contact form.
Q&A
What constitutes a stalking offense under the California Penal Code?
Under California Penal Code §646.9(a), stalking involves two key elements: the defendant intentionally and maliciously harassing or repeatedly following the victim, and making a credible threat against the victim or their immediate family. These criteria must be proven beyond a reasonable doubt for a conviction.
What are the penalties for being charged with stalking in California?
Stalking charges can result in severe penalties. A misdemeanor stalking charge may lead to up to one year in county jail and a $1,000 fine. A felony stalking charge can result in up to five years in state prison and a fine of up to $10,000. Additional consequences may include restraining orders or sex offender registration.
What are some potential defenses against a stalking charge?
Defense strategies for stalking charges include demonstrating a lack of a credible threat, showing no intent to frighten, proving the actions served a legitimate purpose (such as lawful protest), or presenting evidence of mistaken identity. A skilled defense lawyer can tailor these defenses to the specifics of the case.
How can a stalking defense lawyer help if I’ve been charged with stalking?
A stalking defense lawyer can provide critical support by thoroughly investigating the case, gathering evidence, challenging the prosecution’s claims, negotiating plea deals, and ensuring you understand your rights and options. Their expertise can significantly impact the outcome of a stalking case.
Can stalking charges in California be reduced or dismissed?
Yes, stalking charges may be reduced or dismissed under certain conditions. Factors such as the defendant having no prior criminal record or the alleged victim’s fears of being deemed unreasonable may weaken the prosecution’s case. A knowledgeable defense lawyer can identify and leverage these mitigating factors to reduce charges or achieve case dismissal.