What Happens if You’re Accused of Stalking in California
Stalking accusations are taken very seriously in California. Every single person connected to the state’s judicial system understands that stalking often escalates into more serious crimes, which is why they will quickly launch an investigation when someone accuses you of stalking them.
Whether you actually are stalking them or it’s an accusation that has been made in an attempt to get you into legal trouble, it’s in your best interest to start preparing yourself for what the future could hold if the police find enough evidence to justify filing stalking charges against you.
Stalking is dealt with in California’s Penal Code 646.9 PC. Reading through the law is the best way to fully understand what the state does and doesn’t consider stalking. The law reads:
“Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who 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 is guilty of the crime of stalking…”
While stalking is taken very seriously by the entire California legal system, it is also one of the state’s wobbler offenses, meaning that you could be charged with a misdemeanor or a felony. Things like your criminal history, if any threats were made, how long the stalking took place, how intense the stalking incidents were are taken into consideration when a judge decides if you should be charged with misdemeanor or felony stalking.
If you are charged with misdemeanor stalking in California, you shouldn’t assume that you’ll get off lightly. If convicted, the judge could sentence you to a full year in a county jail and/or fine you $1,000. It’s also possible that you’ll be required to take some education courses such as anger management and substance abuse recovery.
The sentence for felony stalking in California is a three-year span in one of California’s state prisons and a fine that could be as much as $10,000.
It’s important to note that stalking is one of California’s Three Strikes crimes, meaning that the third time you’re convicted of felony stalking will result in a minimum sentence of 25 years in a state prison.
Are you Being Stalked?
Stalking is a major problem in the United States. Every single year there are about 6 million people who find themselves in a position of having to report stalking-related incidents.
While most stalking victims are women, that’s not always the case. Each year men, who often assume that they don’t have to worry about stalkers, find themselves being followed. Some female stalkers have even murdered their victims.
The sooner you recognize the early warning signs of a stalker, the safer you will ultimately be.
When stalking victims look back on their history with their stalker, they usually notice that things started getting weird when they continually ran into the person in various locations. In the beginning, things usually don’t seem strange because it’s someone they know and because sometimes people do share the same space at the same time.
However, if the “causally running into one another” becomes a daily occurrence or the encounters happen in increasingly strange places, it’s time to start considering that a stalking situation could be developing.
Unexpected Gifts
The only thing better than getting a present is getting a present when it’s totally unexpected. The problem with unexpected presents is that they can also be a sign of unwanted attention. If someone is continually giving you things, even seemingly innocent things such as candy bars, it could be that they are developing an unhealthy obsession.
Ignoring Boundaries
Once you started getting unwanted gifts you likely started putting up some boundaries. If a person is ignoring these boundaries and continues to lavish unwanted gifts on you and is constantly entering into your personal space, it’s a sign that they have developed a potentially unhealthy attachment to you.
Property Damage
Property damage is often a tell-tale sign that a person has started to develop a stalking tendency. This is especially true if you’ve done something such as gone out with someone else or rebuffed your stalker’s advances. The property damage is a sign that it’s time to get the police involved.
It’s not uncommon for stalking behavior to escalate until it is ruining both your’s and the stalker’s lives. Ignoring the behavior doesn’t do anyone any favors. As the stalking behavior escalates, it’s important to involve the authorities. Not only will they take action to protect you, reaching this point could be what your stalker needs to realize that they’re engaging in dangerous behavior and that they need to seek professional help.