San Diego Stalking Defense Attorney

California Penal Code section 646.9 generally requires willful, malicious, repeated following or harassment, together with a credible threat intended to place a person in reasonable fear for personal or immediate-family safety. Repeated contact alone does not establish every element, and the statute’s definitions of harassment and threat matter.

A credible threat may arise through statements, electronic communications, conduct, or a combination. Actual intent to carry out the threat is not necessarily required. Counsel examines the full course of conduct and circumstances, not a simplified count of calls or messages.

Cases can involve following someone to work, repeated messages, social media, surveillance, or threats directed at family. Account attribution, complete conversations, timestamps, witness accounts, and location records can be important. Constitutionally protected activity is not automatically harassment, but speech protections do not excuse unlawful threats.

An isolated encounter may not satisfy stalking’s course-of-conduct requirements, but a single act can still violate a protective order or another law. Avoid further contact and ask counsel to assess the actual restrictions rather than assuming an invitation makes contact lawful.

Stalking may be a misdemeanor or felony. Prior convictions, a qualifying protective order, and other statutory circumstances can increase exposure. Jail or prison, fines, supervision, and long-term no-contact conditions may apply. Sex offender registration is not automatic for every stalking conviction and requires separate legal analysis.

Potential defenses include mistaken identity, insufficient evidence of harassment or a credible threat, missing intent, constitutionally protected conduct, and unlawful evidence collection. The prosecution retains the burden of proof; your defense does not require assuming the accusation is accurate.

Preserve messages without altering them, follow all orders, and avoid public commentary. James N. Dicks is a Certified Criminal Law Specialist and former LAPD investigator. jD LAW represents clients throughout San Diego County and North County. Call (760) 630-2000 for a free consultation.