Los Angeles Stalking Defense: Understanding California PC § 646.9 Charges

Facing stalking charges in Los Angeles can lead to severe consequences, including jail or prison time, fines, restraining orders, and a criminal record that impacts your employment and personal life. Under California Penal Code § 646.9, stalking involves willfully and maliciously harassing or repeatedly following another person, causing them to fear for their safety. At Rogers | Beltran LLP, our experienced Los Angeles stalking defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain stalking charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these serious charges.

What is Stalking in California?

California Penal Code § 646.9 defines stalking as willfully and maliciously harassing or repeatedly following another person, making a credible threat that causes the victim to fear for their safety or the safety of their immediate family. Stalking often occurs in domestic disputes, workplace conflicts, or personal relationships. Key aspects include:

1. Misdemeanor Stalking (PC § 646.9(a))

  • Description: Involves repeatedly following or harassing someone with a credible threat that causes reasonable fear (e.g., sending threatening messages or following someone home).
  • Key Factors: Typically a misdemeanor for first offenses without aggravating factors.

2. Felony Stalking (PC § 646.9(b) or (c))

  • Description: Involves stalking in violation of a restraining order (PC § 646.9(b)) or stalking after a prior felony conviction for stalking or related crimes (PC § 646.9(c)).
  • Key Factors: A felony; carries harsher penalties due to the violation of a court order or repeat offenses.

3. Related Charges

  • Description: Stalking may be charged alongside related offenses, such as:
    • PC § 422 (criminal threats).
    • PC § 273.5 (domestic violence).
    • PC § 236 (false imprisonment).
  • Key Factors: Multiple charges can increase penalties and complicate defense strategies.

What the District Attorney Must Prove in a Stalking Case

To secure a conviction under PC § 646.9, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

  1. Willful and Malicious Conduct: You intentionally and maliciously harassed or repeatedly followed the victim.
  2. Credible Threat: You made a credible threat, either verbally, in writing, or through actions, with the intent to place the victim in fear for their safety or their family’s safety.
  3. Reasonable Fear: The victim experienced reasonable and sustained fear as a result of your actions.
  4. No Lawful Purpose: Your actions had no legitimate purpose.

For Felony Stalking (PC § 646.9(b) or (c)):

  • Violation of Restraining Order: The stalking occurred while a restraining order was in place (PC § 646.9(b)).
  • Prior Conviction: You had a prior felony conviction for stalking or related crimes (PC § 646.9(c)).

The DA relies on evidence such as victim testimony, text messages, emails, surveillance footage, or witness statements. An experienced Los Angeles stalking attorney at Rogers | Beltran LLP can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Stalking Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 646.9 charges. Common defenses include:

  1. No Credible Threat:
    • If your actions did not constitute a credible threat, you may not be guilty.
    • Example: Your communications were not threatening and did not cause reasonable fear.
  2. No Intent:
    • If you did not intend to cause fear or harass the victim, the charge may not apply.
    • Example: Your actions were part of a misunderstanding or lawful contact (e.g., work-related communication).
  3. False Allegations:
    • Charges may stem from misunderstandings, exaggerations, or vindictive claims, often in domestic or personal disputes.
    • Example: An ex-partner falsely claimed stalking to retaliate after a breakup.
  4. Insufficient Evidence:
    • The prosecution may lack evidence to prove harassment, a credible threat, or sustained fear.
    • Example: No records or witnesses corroborate the victim’s claims.
  5. Protected Speech:
    • If your actions were protected under the First Amendment (e.g., lawful protest or expression), they may not qualify as stalking.
    • Example: Your communications were part of a public demonstration, not targeted harassment.
  6. No Violation of Restraining Order:
    • For felony charges under PC § 646.9(b), if no valid restraining order was in place, the charge may be reduced or dismissed.
    • Example: The restraining order was expired or improperly served.

At Rogers | Beltran LLP, our Los Angeles stalking defense lawyers will thoroughly investigate your case to identify the most effective defense strategy.

Potential Penalties for Stalking Convictions in California

Penalties for stalking convictions under PC § 646.9 depend on whether the charge is a misdemeanor or felony, as well as your criminal history. As of July 14, 2025, potential consequences include:

Misdemeanor Stalking (PC § 646.9(a))

  • Jail Time: Up to 1 year in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • Probation: Up to 3 years of informal probation, often with conditions like counseling or staying away from the victim.
  • Restraining Order: A protective order up to 10 years may be issued.

Felony Stalking (PC § 646.9(b) or (c))

  • Prison Time: 2, 3, or 4 years in state prison (up to 5 years if a prior conviction applies under PC § 646.9(c)).
  • Fines: Up to $10,000 (plus fees).
  • Probation: Formal probation with conditions like therapy or victim restitution.
  • Felony Record: Impacts employment, housing, and professional licenses.
  • Strike Offense: May count as a “strike” under California’s Three Strikes Law if combined with other violent felonies.
  • Restraining Order: A protective order up to 10 years may be issued.

Additional Consequences

  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Employment Challenges: A criminal record can limit job opportunities, especially in roles requiring background checks.
  • Professional License Impacts: Affects licenses for professions like law, healthcare, or security.
  • Civil Lawsuits: Victims may sue for emotional distress, increasing financial liability.

What Else Should You Know About Stalking Charges in Los Angeles?

Stalking charges under PC § 646.9 are taken seriously in California, particularly in Los Angeles’s urban environment, where domestic and interpersonal disputes are common. Here are additional details to understand:

The Stalking Charge Process in Los Angeles

  1. Investigation: Police investigate based on victim complaints, text messages, emails, or witness statements, often using digital evidence or surveillance footage.
  2. Arrest and Booking: You may be arrested and released on bail or your own recognizance.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges to lesser offenses like disturbing the peace (PC § 415).
  4. Diversion Programs: For misdemeanor charges, judicial diversion (PC § 1001.95) may be available for first-time offenders, dismissing charges upon completion of conditions.

Why You Need a Los Angeles Stalking Attorney

Navigating PC § 646.9 charges requires legal expertise due to complex evidence and severe consequences. An experienced attorney at Rogers | Beltran LLP can:

  • Challenge the prosecution’s evidence, such as proof of intent or credible threat, to seek dismissal or reduction of charges.
  • Negotiate plea deals to lesser charges like harassment or disturbing the peace.
  • Represent you in court to protect your rights and future.
  • Mitigate impacts on your employment, professional licenses, or immigration status.

How to Protect Yourself After a Stalking Charge

  1. Do Not Discuss the Case: Avoid talking about the incident with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep records of communications, witnesses, or events supporting your defense (e.g., proof of lawful contact or lack of intent).
  3. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or reduced penalties.
  4. Comply with Court Orders: Follow bail or restraining order conditions to avoid additional charges.

Los Angeles-Specific Considerations

  • Urban Context: Los Angeles’s diverse and crowded settings (e.g., Hollywood, Downtown) increase the likelihood of stalking allegations, especially in domestic or workplace disputes.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Van Nuys Courthouse, each with unique procedures.
  • Police Enforcement: LAPD aggressively pursues stalking charges, particularly in cases involving digital evidence or restraining orders, which can be challenged for bias or procedural errors.

Contact Rogers | Beltran LLP for Expert Stalking Defense in Los Angeles

A California stalking charge under PC § 646.9 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles stalking attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing a misdemeanor or felony charge, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.