Stalking and harassment charges are among the most serious allegations an individual can face in California. These offenses not only carry the potential for severe criminal penalties—including jail or prison time—but can also result in long-lasting civil consequences, restraining orders, and irreparable damage to your reputation and future opportunities. If you or someone you care about is facing these types of charges, it is crucial to understand exactly what is at stake and why experienced legal representation is essential.
In this comprehensive guide, we will explore:
The legal definitions of stalking and harassment
The difference between misdemeanor and felony charges
The potential penalties and long-term consequences
Common defenses and what to do if you are accused
Why choosing the right attorney can make all the difference
For more information about related criminal charges, visit our Violent Crimes Defense page or read our blog on Violation of Restraining Orders.
Stalking is defined under California Penal Code § 646.9 as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat intended to place that person in reasonable fear for their safety or the safety of their immediate family.
Harassment generally refers to a course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes them and serves no legitimate purpose.
Repeated unwanted phone calls, texts, or emails
Following someone to their home, work, or other locations
Sending threatening messages or gifts
Showing up uninvited at someone’s residence or workplace
Cyberstalking through social media or other online platforms
Stalking and harassment are considered “wobbler” offenses in California, meaning they can be charged as either misdemeanors or felonies depending on the circumstances of the case and the defendant’s criminal history.
Misdemeanor Charges:
Up to 1 year in county jail
Fines up to $1,000
Probation and mandatory counseling
Possible restraining orders
Felony Charges:
Up to 5 years in state prison
Fines up to $1,000 (sometimes higher in aggravated cases)
Formal probation
Mandatory counseling
Long-term or permanent restraining orders
Felony charges are more likely if:
The stalking was in violation of a court-issued protective order
The defendant has a prior stalking conviction
The conduct involved credible threats of violence or caused significant fear
Certain factors can elevate the seriousness of the charges:
Use of weapons or threats of violence
Targeting a minor or vulnerable person
Stalking in connection with domestic violence
Prior convictions for similar offenses
Being convicted of stalking or harassment can result in:
Jail or prison time
Significant fines
Mandatory participation in counseling or treatment programs
Probation or parole
A permanent criminal record
Victims may also pursue civil lawsuits for damages, including:
Compensatory damages (medical bills, therapy costs, lost wages)
Punitive damages (in cases of particularly egregious conduct)
Injunctive relief, such as restraining orders
A restraining order can be issued even before a criminal conviction and can have immediate effects on your freedom and daily life. Violating a restraining order is itself a serious criminal offense and can lead to additional charges and penalties.
Stalking and harassment convictions can have devastating, lifelong consequences:
Employment: Many employers conduct background checks and may refuse to hire individuals with these convictions.
Housing: Landlords may deny rental applications.
Professional Licenses: Certain careers require clean records, and a conviction may result in loss of licensure.
Personal Relationships: The stigma associated with these charges can affect family, friendships, and community standing.
Immigration Status: Non-citizens may face deportation or be denied naturalization.
For more information on how criminal charges can affect your future, read our About Mark Broughton page and see how our firm has successfully defended clients facing serious allegations.
Lack of Intent: The alleged conduct was not willful or malicious.
False Accusations: The charges are based on misunderstandings or fabricated evidence.
No Credible Threat: There was no actual threat or the alleged victim did not reasonably fear for their safety.
Mistaken Identity: The accused was not the person responsible for the conduct.
Constitutional Rights: The defendant’s rights were violated during the investigation or arrest.
The stakes in stalking and harassment cases are high. Prosecutors aggressively pursue these charges, and courts are often sympathetic to alleged victims. An experienced criminal defense attorney can:
Investigate the facts thoroughly
Challenge the prosecution’s evidence
Negotiate for reduced charges or dismissal
Represent you in court and protect your rights
Mark Broughton has over 40 years of experience defending clients accused of violent crimes, including stalking and harassment. Learn more about his approach on our Criminal Defense Attorney page.
Yes. Cyberstalking and online harassment are prosecuted under the same statutes as in-person conduct. This includes repeated unwanted messages, threats, or other harassing behavior via email, social media, or other digital platforms.
Do not contact the alleged victim.
Do not attempt to explain or justify your actions to law enforcement without an attorney present.
Preserve any evidence that may support your defense (e.g., texts, emails, social media posts).
Contact an experienced criminal defense attorney immediately.
Physical contact is not required for a stalking or harassment charge. The law focuses on the pattern of conduct and the impact on the alleged victim’s sense of safety.
With a proven record of success in defending clients against serious criminal charges, Mark Broughton understands the complexities of stalking and harassment cases. He has handled hundreds of jury trials and obtained not guilty verdicts in some of the most challenging cases in California.
Why choose Mark Broughton?
Certified Specialist in Criminal Law by the State Bar of California
Over four decades of experience
Compassionate, ethical, and aggressive defense
Personalized attention to every client
If you are facing stalking or harassment charges, don’t wait. Contact Mark Broughton today for a confidential consultation.
Stalking and harassment charges are extremely serious, with consequences that can affect every aspect of your life. Whether you are facing a misdemeanor or felony, the importance of having a skilled defense attorney cannot be overstated. Mark Broughton is dedicated to protecting your rights and your future.
For more information or to schedule a consultation, visit our Contact Page or call our office today.
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