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If you have been charged with Felony Stalking in Fresno Ca or in another county I can help you as an experienced trial attorney that has helped over a thousand clients in Fresno County alone and as a former probation officer and Deputy District Attorney I know the ins and outs of the system to help you. 

The statute for Stalking is Penal Code Section is 646.9, which states

1) A person willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person; and

2) That person makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family.  

For purposes of Penal Code 646.9 "harasses" means engaging in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.  Penal Code section 646.9 

 

CREDIBLE THREAT

Credible threat is defined as a verbal or written threat including one used by an electronic communications device.  Such as cell phones computers, vidoe recorders, 

THREAT

In determining whether a threat has been made the court may look at the entire context of communications it is not necessary that the person making the threat had the ability to carry out the threat. 

 

PUNISHMENT

Stalking is a wobbler meaning it can be charged as either a Felony or a Misdameanor.  

if you are found guilty of the Misdameanor stalking you can recieve up to a year in county jail, fines, and

FIREARM RESTRICTION

If convicted you will be subject to a 10 year firearm ban.

BATTERER TREATMENT CLASS

Also, if convicted you might have to attend a 52 week batterer treatment program in addition to any other punishments

RESTRAINING ORDERS

You will also be the subject of a restraining order, meaning you may not go near the person, call the person, or otherwise have any contact with the person.

 

FELONY STALKING PUNISHMENTS

If you are convicted of Felony Stalking depending on the exact type you could face a prision term of 2,3, or 4 years.  

FIREARM RESTRICTION

As a convicted Felon you would be prohibited from owning or possessing a firearm

BATTERER TREATMENT PROGRAM

You could also be ordered to attend and complete a batterer treatment  program

PROBATION ELIGIBLE

You would be eligible for probation, as a term of probation the court could order you to spend up to 364 in local jail, in addition to any other terms and conditions of probation.  

IF SENTENCED TO PRISON YOU WILL HAVE TO SERVE YOU COMMITMENT AT STATE PRISON RATHER THAN LOCAL JAIL.

A conviction for stalking makes you ineligble for a so called "local prison commitment" which means you would go to state prison.  

If you have prior conviction for stalking you will have a different possible punishment triad.

the difference would be a 2,3, or 5 year possible sentence.  

there are also some circumstances under which the court could order sex registration. There would have to be facts to indicate the registration is necessary and the court would have to make that finding.  However, if the court deems it necessary the court could decide to have the person convicted register as a sex offender.  

 

There is also the offense of stalking while a temporary restraining order is in effect.  If there was a restraining order, injunction, or other order restricting a person from contacting another person and contact occured this would constitute both a violation of the restraining order and a new and different crime for the stalking.  

As you can see the stalking area of the law is complex and you need experienced counsel call 559 441 1418 if you have any questions.   

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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