Getting accused of stalking in California isn’t just intimidating—it’s life-altering. One accusation can flip your world upside down, damaging your relationships, reputation, and future. Whether the allegation stems from a breakup, a misunderstanding, or something completely false, the legal consequences are serious.
California takes stalking charges seriously. The law is designed to protect alleged victims of harassment or threats, but it can also sweep up people who never intended harm—people like you. If you’re facing a charge under Penal Code § 646.9, now is not the time to stay silent or passive. You need a defense strategy that challenges assumptions and restores control over your narrative.
What Counts as Stalking in California?
In California, stalking is defined under Penal Code § 646.9 as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear for their safety or the safety of their family.
That’s a lot of legal language, but in practice, here’s what it usually involves:
- Repeated calls, texts, or messages
- Unwanted visits to someone’s home, work, or school
- Following someone in person or online
- Sending unwanted gifts
- Social media monitoring
- Threats—either direct or implied
To be clear, you don’t have to lay a hand on someone to be charged with stalking. Words, gestures, and digital behavior can all be enough to trigger an arrest.
And if there’s a restraining order in place, the situation gets even more serious—potentially escalating to a felony charge right away.
Misdemeanor or Felony? Here’s What You’re Up Against
Depending on the facts of your case, stalking may be charged as either a misdemeanor or a felony.
- Misdemeanor stalking can result in:
- Up to 1 year in county jail
- Fines up to $1,000
- Restraining orders
- Mandatory counseling
- Felony stalking can result in:
- 16 months, 2 years, or 3 years in state prison
- A felony strike on your record
- Possible sex offender registration (in extreme cases)
- Long-term restraining orders and probation
Factors that increase the risk of a felony charge include prior convictions, threats made in violation of a court order, or behavior that allegedly caused severe distress.
These aren’t penalties to shrug off. They affect where you can live, what jobs you can apply for, and even your ability to maintain custody of your children.
Why Allegations Aren’t Always What They Seem
Stalking charges often arise in emotionally intense situations—breakups, divorces, custody battles, workplace disputes. What one person sees as a persistent effort to reconcile, another might view as unwanted, threatening contact.
Misunderstandings, false allegations, or exaggerations are not uncommon.
Some examples:
- You thought the conversation was mutual—but they felt pressured.
- You sent a gift as an apology—but it was taken as intimidation.
- You parked nearby for unrelated reasons—but they assumed you were following them.
- A third party misrepresented your intentions—or outright lied.
Unfortunately, law enforcement doesn’t always take the time to understand both sides before making an arrest.
How a Defense Attorney Can Challenge the Case Against You
An experienced criminal defense lawyer will work to uncover the full story, not just the one told by the alleged victim. Here’s how:
1. Challenge the “Credible Threat”
The law requires more than irritation—it requires that you made a threat that would make a reasonable person fear for their safety. Your attorney can argue the interaction didn’t rise to that level or was taken out of context.
2. Expose False or Exaggerated Claims
Was there a motive behind the accusation? A child custody fight? A toxic breakup? A property dispute? If the alleged victim had a reason to lie, that’s crucial to your defense.
3. Use Digital Evidence to Your Advantage
Texts, emails, social media posts, GPS data—these can all be used to show mutual communication, lack of intent to harass, or even proof you were nowhere near the accuser when they claim you were following them.
4. Establish Lack of Repeated Conduct
If the behavior happened once—or wasn’t “willful and repeated”—then it may not meet the standard for a stalking charge.
5. Negotiate for Reduced Charges or Diversion
In some cases, especially if you have no prior record, your attorney can advocate for reduced charges, a case dismissal, or entry into a diversion program that keeps your record clean.
Don’t Talk Yourself Into Trouble
One of the biggest mistakes people make when accused of stalking is trying to explain themselves—especially to the alleged victim or police.
“I just wanted closure.”
“I didn’t mean anything by it.”
“It was a misunderstanding.”
Even innocent explanations can be twisted into evidence against you.
Let your attorney do the talking. That’s not weakness—it’s wisdom.
What to Expect in Court
The legal process moves fast once you’re charged. You can expect:
- Arraignment — You enter a plea (not guilty, guilty, or no contest)
- Pretrial hearings — Your lawyer may argue for dismissal or negotiate with the DA
- Protective orders — The court may impose a stay-away order, even before trial
- Trial — If your case goes to trial, the prosecutor must prove the charge beyond a reasonable doubt
An experienced defense lawyer will aim to get ahead of the case before it ever reaches trial—either through motions to dismiss, strategic negotiations, or undermining key evidence.
Why Work With The Nieves Law Firm
Stalking charges are messy. Emotional. Complicated. That’s why you need a legal team that knows how to cut through the noise, defend your rights, and give you the best shot at walking away with your freedom—and your future—intact.
The Nieves Law Firm has helped people across California push back against false or exaggerated allegations, preserve their records, and reclaim their peace of mind.
With a dedicated focus on criminal defense and deep experience handling domestic and interpersonal cases, their team knows how to:
- Examine evidence with precision
- Challenge restraining orders and no-contact conditions
- Tell your side of the story—without exposing you to further risk
- Negotiate creative outcomes that prioritize your long-term future
You don’t have to accept the label of a stalker. You can fight back—with a team that knows how.
What You Should Do Right Now
If you’ve been accused of stalking:
✅ Do not reach out to the alleged victim
✅ Do not delete any messages, emails, or digital content
✅ Do not post about the situation online
✅ Do contact a defense attorney immediately
✅ Do gather and preserve any evidence of your innocence (texts, GPS, call logs, witnesses)
Time matters. The earlier you act, the more options you have to protect yourself.
Final Thought: Your Side Deserves to Be Heard
Being accused of stalking in California is more than a criminal charge—it’s a personal attack on your integrity and your freedom. And once that charge is filed, it takes skill, strategy, and serious legal advocacy to challenge it.
But you don’t have to do it alone.
Contact The Nieves Law Firm today. Let their experienced defense team help you push back, clear your name, and move forward.