Stalking is a Crime

Stalking is a term that refers to unwanted, obsessive attention directed towards an individual. In many cases this behavior places the victim in constant fear for their own safety, and the safety of their family. Stalking behavior is considered to be harassing and intimidating, and places a lot of stress on the victim. Although many of the actions involved in stalking are not in themselves a crime when done individually, it is the combination of stalking behaviors enacted by the individual that constitutes stalking. Common stalking behaviors would include:

• Following a person
• Sending flowers
• Sending letters
• Harassing phone calls
• Showing up at the victim's place of work
• Showing up at the victim's home
• Sending e-mails
• Texting

California enacted anti-stalking laws after a young actress living in California, by the name of Rebecca Shaeffer was shot to death by an obsessed fan who had been stalking her for two years. The wide spread media attention the case received shed light on how serious and widespread stalking was for both celebrity and non-celebrity victims. Before these anti-stalking laws were enforced, police had no legal recourse for victim's who had complained of being stalked.

Legal Penalties for Stalking Offenses

In California, stalking is a criminal offense which can be punishable by one year in jail and/or $1,000 in fines. If the defendant was convicted of a spousal or child abuse felony, or violation of a protective order, he may be subject to a maximum of five years in state prison. In addition, for people who commit a second offense/subsequent violation of a temporary restraining order, injunction or court order against the same victim, they face either two, three or four years in state prison.

Have you been wrongfully accused of stalking? Unfortunately, this is not uncommon. People are known to accuse others of stalking out of spite, jealousy, rage, messy divorces and especially, child custody battles. You cannot assume that the prosecution will necessarily believe you when you try to claim your innocence. At the Thomas Tears, Attorney at Law, a Santa Ana criminal defense attorney can protect you and your rights. We are well versed in the laws pertaining to stalking and we will do everything within our power, to help you achieve a favorable outcome in the charges against you.

Contact a Santa Ana Stalking Lawyer at our firm today for a free consultation!