Being accused of stalking is a serious matter in California, carrying both criminal penalties and lasting consequences that can affect your freedom, reputation, and future. Even if the accusation is false or based on a misunderstanding, stalking charges can quickly escalate and put your rights at risk. Knowing what to do if accused of stalking is essential to ensuring you do not make mistakes that could harm your defense.
Here, our San Diego County criminal defense attorney at Griffin Law Office, APC, explains the steps to protect yourself and how a strong defense can help you fight stalking charges.
Understanding Stalking Charges in California
Stalking in California is defined under Penal Code § 646.9. A person can be charged with stalking if they repeatedly follow, harass, or threaten someone in a way that makes the other person fear for their safety or the safety of their family. While this may sound straightforward, stalking accusations often arise out of complicated relationships, disputes, or even false claims.
It is essential to understand that stalking can be charged as either a misdemeanor or a felony, depending on the circumstances. Factors such as prior criminal history, restraining order violations, or credible threats can elevate the seriousness of the case. A felony stalking conviction can result in years of imprisonment, significant fines, and a permanent criminal record.
Immediate Steps to Take If Accused of Stalking
The moments after being accused of stalking are critical. Taking the wrong actions can damage your defense, while the proper steps can help preserve your legal rights.
If you are facing stalking allegations in San Diego, you should:
- Remain calm and avoid contact with the accuser. Do not attempt to explain, apologize, or reach out in any way, as this could be used as evidence against you.
- Do not post about the accusation online. Social media posts can be misinterpreted and used in court to suggest guilt or intent.
- Preserve all evidence. Keep text messages, emails, voicemails, or other communications that may provide context or show inconsistencies in the accusation.
- Consult with a criminal defense attorney immediately. Our experienced attorney will explain your legal rights when accused of stalking and guide you on how to avoid self-incrimination.
Each of these steps is vital because California prosecutors take stalking accusations seriously, and early mistakes can have lasting consequences.
Building a Defense Against False Stalking Accusations
Many stalking cases are built on the accuser’s perception of fear, which makes them highly subjective. In some cases, false stalking accusations are made out of anger, jealousy, or an attempt to gain leverage in a personal dispute. That is why creating a strong defense strategy is critical.
Common defenses against stalking charges include:
- Lack of credible threat. The prosecution must prove that your actions caused the alleged victim to fear for their safety reasonably. Without clear evidence of a threat, the charge may not hold.
- Mistaken identity. In some cases, the accuser may have misidentified the person responsible for the alleged conduct.
- Protected activity. If your actions were lawful, such as peacefully protesting or engaging in constitutionally protected speech, they may not meet the legal standard for stalking.
- False allegations. Evidence showing ulterior motives, such as child custody disputes or personal conflicts, can help expose false accusations.
Each defense requires a careful review of the facts, witness statements, and any electronic or physical evidence. A knowledgeable attorney can challenge inconsistencies in the accuser’s story and demonstrate reasonable doubt.
Why Legal Representation Matters
When facing stalking allegations in California, having an experienced criminal defense attorney by your side can make the difference between conviction and dismissal. An attorney can investigate the circumstances of the case, challenge weak evidence, and ensure that your rights are not violated during the process.
At Griffin Law Office, APC, our San Diego criminal defense attorney has extensive experience representing individuals accused of stalking and other serious charges. We understand the strategies prosecutors use and know how to build strong defenses tailored to each client’s situation.
Protect Your Future with Griffin Law Office
If you have been accused of stalking in San Diego, do not wait to get the legal help you need. The sooner you act, the stronger your defense can be. Contact us online today or call 619-346-4425 for a confidential consultation. We will explain your options, defend your rights, and fight to protect your future.
