Stalking – California Penal Code 646.9(a) PC

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Strong Legal Representation for Stalking Charges in California

If you have been charged with stalking in Los Angeles you are facing a wobbler that can be filed as a misdemeanor or a felony and consequences that extend far beyond the criminal sentence. A conviction under penal code 646.9(a) pc results in a permanent criminal record, a mandatory restraining order, and when filed as a felony state prison time and the loss of firearm rights. These cases are built on patterns of conduct rather than a single incident and the prosecution’s evidence is assembled over time before charges are filed. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against stalking and serious criminal charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Stalking Under California Law

California Penal Code 646.9(a) makes it a crime to willfully, maliciously, and repeatedly follow or harass another person and make a credible threat with the intent to place that person in reasonable fear for their safety or the safety of their immediate family. Four elements must all be present for the charge to be sustained and the absence of any one of them defeats the prosecution’s case entirely.

The statute requires repeated conduct meaning a single incident of following or contact does not satisfy the charge. The conduct must also constitute harassment which the statute defines as a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person and serves no legitimate purpose. The credible threat element requires proof that the defendant made a threat that caused the victim to reasonably fear for their safety and that the defendant had the apparent ability to carry out the threat. The threat can be made verbally, in writing, or through electronic communication and it can be implied through a pattern of conduct rather than stated explicitly.

Penal Code 646.9(a) PC — Misdemeanor or Felony

Stalking is a wobbler under California law. A first offense with no prior stalking conviction and no violation of a restraining order is typically charged as a misdemeanor. The charge becomes a felony when the conduct violated a restraining order or other court order prohibiting the same conduct, when the defendant has a prior stalking conviction, or when the circumstances of the case involve aggravating factors that cause the District Attorney to seek felony treatment. A misdemeanor conviction carries up to one year in county jail. A felony conviction carries 16 months, 2 years, or 3 years in state prison. When the stalking involved threats or conduct that caused the victim to seek a restraining order the charge is almost always filed as a felony.

Elements of a Stalking Charge in California

To secure a conviction under penal code 646.9(a) pc the prosecution must prove every element beyond a reasonable doubt:

  • The defendant willfully and maliciously followed or harassed the alleged victim on more than one occasion
  • The conduct constituted a course of harassment that seriously alarmed or terrorized the victim
  • The defendant made a credible threat against the victim or their immediate family
  • The threat was made with the intent to place the victim in reasonable fear for their safety
  • The victim actually experienced reasonable fear as a result

Each element presents a specific defense opportunity. When the contact was not repeated, when it did not rise to the level of harassment under the statutory definition, when no credible threat was communicated, or when the alleged victim did not actually experience reasonable fear the charge cannot be sustained.

Legal Penalties for a Stalking Conviction

The penalties depend on whether the charge is filed as a misdemeanor or a felony and whether aggravating factors are present. A misdemeanor conviction carries up to one year in county jail, fines, and summary probation. A felony conviction carries 16 months, 2 years, or 3 years in state prison and formal probation. When the stalking violated an existing restraining order the felony sentence increases to 2, 3, or 4 years. All convictions result in a mandatory criminal protective order, a permanent criminal record, and for non-citizens potential deportation proceedings. A felony conviction results in the permanent loss of firearm rights. When the stalking involved domestic violence the charge carries the additional consequences that apply to domestic violence convictions including mandatory counseling and federal firearm prohibition under the Lautenberg Amendment.

Legal Defenses Against Stalking Charges

The Conduct Was Not Repeated or Did Not Constitute Harassment

The statute requires a course of conduct on more than one occasion that would seriously alarm a reasonable person. When the contact was a single incident, when the frequency of contact was consistent with a legitimate relationship or business purpose, or when the conduct did not rise to the level that would seriously alarm a reasonable person the harassment element cannot be established. Our criminal defense attorney analyzes every documented contact between the parties and challenges the prosecution’s characterization of ordinary or ambiguous conduct as criminal harassment.

No Credible Threat Was Made

The prosecution must prove a specific credible threat was communicated with the intent to place the alleged victim in fear. When the communications between the parties do not contain any statement that a reasonable person would interpret as a genuine threat of harm the charge fails on this element regardless of how frequent or unwanted the contact was. Our criminal defense attorney examines every communication the prosecution intends to rely on and challenges whether it meets the legal definition of a credible threat.

The Alleged Victim Did Not Experience Reasonable Fear

The statute requires that the alleged victim actually experienced reasonable fear for their safety as a result of the conduct and the threat. When the alleged victim’s own conduct during the relevant period is inconsistent with genuine fear — continued communication, continued contact, or behavior that contradicts the claim of fear — our criminal defense attorney presents that evidence directly to challenge whether this element can be established.

False Accusation

Stalking allegations frequently arise from ended relationships, custody disputes, and situations where one party seeks to gain a legal advantage through a criminal complaint. Our criminal defense attorney investigates the full history of the relationship, the communications between the parties, and any motive the alleged victim had to fabricate or exaggerate the allegations. When the accusation is driven by personal conflict rather than genuine fear that evidence is presented at every stage of the proceedings.

Contact a Los Angeles Defense Attorney for PC 646.9(a) Charges Today

Attorney Arash Hashemi has defended clients against stalking and serious criminal charges throughout Los Angeles County for over 20 years. He understands how these cases are investigated, how the prosecution assembles pattern-of-conduct evidence, and where the defense has the most leverage at every stage from arraignment through trial. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing stalking and serious criminal charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.