Stalking Charges in Placer County

Direct Attorney Involvement in Penal Code 646.9 Cases

Stalking allegations often turn on the meaning, context, and sequence of specific communications or encounters. At Jacob Law Firm, we build each defense around those evidentiary details rather than applying a standard response to every accusation. Our clients work directly with lead attorney Ben Jacob throughout their cases.

Ben has provided criminal defense representation to Placer County residents for over 20 years. He examines the alleged conduct, the relationships between the people involved, and the evidence the prosecution may use to pursue a conviction under California law.

Call (916) 295-6993 to discuss a stalking charge directly with our firm and receive candid guidance about your options.

What California Prosecutors Must Prove in a Stalking Case

Under Penal Code 646.9(a), stalking requires more than unwanted contact or an isolated argument. The prosecution must establish that a person willfully, maliciously, and repeatedly followed or harassed someone while making a credible threat. It must also prove an intent to place that person in reasonable fear for their own safety or the safety of an immediate family member.

The Threat Requirement

The alleged threat can be made verbally, in writing, through electronic communication, or through a pattern of conduct. Whether a statement or action qualifies depends on whether it appears capable of being carried out and was intended to cause reasonable fear.

Context matters. A message that appears threatening in isolation may carry a different meaning when considered alongside the full conversation, prior interactions, or other available evidence.

Harassment & Course of Conduct

For purposes of the statute, harassment means a knowing and willful course of conduct directed at a particular person that seriously alarms, annoys, torments, or terrorizes that person and serves no legitimate purpose. A course of conduct requires at least two acts over a period of time, however short, that demonstrate continuity of purpose.

These definitions raise factual questions about what occurred, how often it occurred, and whether separate events shared a common purpose. We evaluate those questions against the prosecution’s obligation to prove every element beyond a reasonable doubt.

Penalties for a California Stalking Conviction

Stalking is a wobbler offense, meaning prosecutors may file it as a misdemeanor or felony depending on the circumstances and applicable charging rules. A misdemeanor conviction carries up to one year in county jail, a fine of up to $1,000, or both. A felony conviction carries a potential state prison term of 16 months, two years, or three years.

Court Orders & Prior Convictions

Allegations involving an existing protective order can increase the potential exposure. Stalking while a qualifying temporary restraining order, injunction, or other court order protecting the same person is in effect is a felony punishable by two, three, or four years in state prison.

A prior felony conviction for certain domestic violence offenses, protective-order violations, or criminal threats also changes the possible sentence under Penal Code 646.9(c)(1). The precise effect depends on the prior offense and current allegations, making an accurate review of the record essential.

No-Contact Orders & Civil Liability

At sentencing, a court must consider issuing a no-contact order that can remain effective for up to 10 years. Its duration is based on the seriousness of the facts before the court, the probability of future violations, and the safety of the protected person and immediate family.

Criminal proceedings aren’t the only possible source of exposure. An alleged victim may separately pursue a civil lawsuit for compensatory and punitive damages. A civil claim is distinct from the criminal prosecution and follows different procedures and standards.