Los Angeles Criminal Defense Attorney Nicholas Loncar is passionate, aggressive and fights hard for his clients.  Stalking and harassment-related offenses and other proceedings can be tricky and the evidence often can support multiple conclusions.  Evidence may be limited to the accusation of a single person, and it takes a skilled attorney to expose the lie or cast doubt as to the credibility. 

CALIFORNIA STALKING LAWS  PC 646.9
PC 646.9 makes it a crime to repeatedly follow, harass or threaten another person to such an extent that the person fears for their safety or the safety of others.  Stalking is a "wobbler" meaning that it may be charged as a misdemeanor of felony.  As a felony, it carries a sentence of up to 5 years in prison.  Some convictions under this section may even require sex offender registration pursuant to PC 290.  Defenses include a right to be merely present, free speech rights, false accusations, and more.  Cyberstalking, including e-mail communication, telephonic communications, social media and other electronic communication is also stalking under PC 646.9, so the "stalking" need not be done in person to be criminal.

CALIFORNIA CRIMINAL THREATS LAW  PC 422
PC 422 makes it a crime to threaten bodily harm against another person.  PC 422 is a wobbler and is punishable as either a felony or a misdemeanor.  As a felony, it is a strike offense and punishable by prison time.  If threats are made on more than one occasion, stalking may be charged along with criminal threats.  Criminal threats is a serious charge, and even as a misdemeanor carries a 10 year weapon ban.

CIVIL HARASSMENT RESTRAINING ORDERS
Not criminal in nature, civil harassment restraining order proceedings may be brought in court.  Generally, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment.  A domestic violence (DV) restraining order may also be issued if a domestic relationship existed.  Violating these or criminal protective orders is a crime on its own.  PC 273.6 makes it a crime to violate a protective order.  PC 273.6 is a wobbler and may be charged as a misdemeanor or felony.  Some factors that may determine whether it will be charged as a misdemeanor include whether it is first or subsequent offense and whether there was any injury to the victim.

ELECTRONIC ANNOYANCE LAW  PC 653M
California law makes it a crime, under PC 653m to make annoying phone calls, send annoying text messages, annoying e-mails and other electronic communication.  Merely being "annoying" is not enough to get a conviction under this section, and only some of Bart's prank phone calls on the Simpsons would qualify as criminal.  In order to be criminal, an annoying phone call must be threatening, or obscene in order to constitute a violation of PC 653M. 

California laws relating to stalking an harassment are more complex than many other criminal offenses.  Being charged criminally, or simply dealing with a restraining order proceeding (civil harassment restraining order or domestic violence restraining order) can all carry serious consequences (including arrest, loss of employment opportunities, loss of gun rights and more).  More information about Restraining Orders. 

If you or a loved one has been arrested or is facing criminal charges, you need a passionate, aggressive and dedicated LA criminal defense lawyer on your side to fight hard for you.  Contact the Law Offices of Nicholas Loncar now for a free consultation 213-375-3775.