Stalking Attorney | San Diego Criminal Defense Attorney

Why You Need a Stalking Attorney?

Penal Code 646.9 – Stalking Defense in California

At the Law Office of Bradley Corbett, we provide an aggressive defense for individuals accused of stalking under California Penal Code 646.9. Stalking is a serious criminal charge that can lead to jail or prison time, probation with strict conditions like GPS monitoring, and a permanent criminal record. So you will need an experienced stalking attorney on your side. If you are facing PC 646.9 charges in San Diego County, including cases at the Vista Courthouse, East County El Cajon Court, South Bay Chula Vista Court, or the Downtown Courthouse at 1100 Union Street, you need an experienced criminal defense attorney who understands how to fight these complex allegations.

Understanding Penal Code 646.9 – What is Stalking?

Under PC 646.9, stalking occurs when a person repeatedly follows, harasses, or threatens another individual, causing them to reasonably fear for their safety or the safety of their family.

Elements of a PC 646.9 Stalking Charge

To convict someone of stalking, the prosecution must prove:

Willful and Malicious Conduct – The defendant intentionally and repeatedly harassed or followed another person.
Credible Threat – The defendant made a credible threat (verbal, written, or implied) that caused the alleged victim to fear for their safety.
Fear and Reasonability – The victim’s fear must be genuine and reasonable under the circumstances.
Course of Conduct – The behavior was ongoing or repeated, not just a single incident.

Common Examples of Stalking Charges

Repeated Unwanted Contact – Sending numerous emails, text messages, or making excessive phone calls to an ex-partner.
Following or Surveillance – Showing up at a victim’s home, workplace, or frequently visited locations.
Cyberstalking – Posting threats, tracking someone online, or hacking into their personal accounts.
Threatening Messages – Sending texts or social media messages that imply violence or harm.
Harassment After a Breakup – Continually attempting to contact an ex despite requests to stop.

Penalties for a PC 646.9 Conviction

Misdemeanor Stalking (First-time offense without restraining order violation)

Up to 1 year in county jail
Up to $1,000 fine
Restraining orders prohibiting contact with the victim
Probation with strict conditions

Felony Stalking (If a prior stalking conviction or violation of a restraining order is involved)

Up to 5 years in state prison
Strike under California’s Three Strikes Law (if serious threats or violence were involved)
Mandatory registration as a sex offender (in extreme cases)
GPS Monitoring and Electronic Surveillance
Loss of gun ownership rights

Probation Conditions – GPS Monitoring Requirement

If convicted, one of the most restrictive probation conditions can include wearing a GPS tracking device. The court may require GPS monitoring to:

Ensure the defendant stays away from the alleged victim.
Track movements in real-time.
Immediately alert law enforcement if a protective order is violated.

Failure to comply with GPS monitoring can result in revocation of probation and immediate jail time.

Defenses Against PC 646.9 Stalking Charges

At the Law Office of Bradley Corbett, we aggressively fight stalking allegations using strong defense strategies such as:

1. False Accusations

Many stalking allegations arise from misunderstandings, personal vendettas, or exaggerated claims. We investigate:

Exaggerated claims in breakups or divorces.
Lack of credible evidence supporting the claims.
Social media and text message history to dispute allegations.

2. Lack of Criminal Intent

For a conviction, the prosecution must prove intent to harass or threaten. If the behavior was misinterpreted or lacked intent, charges may be dismissed.

3. No Credible Threat

If the alleged threats were vague, taken out of context, or not serious, we argue that they did not meet the legal standard for a credible threat.

4. First Amendment Defense

Not all persistent communication qualifies as stalking. If the contact involved free speech or legal activities, it may be protected under the First Amendment.

5. Mistaken Identity

With cyberstalking and anonymous threats, there are often mistaken identity issues. We use IP address tracking, digital forensic analysis, and alibi evidence to disprove allegations.

Why Choose the Law Office of Bradley Corbett?

Bradley R. Corbett_Criminal Defense Attorney_Stalking Attorney

1. Extensive Experience Handling Stalking Cases

As your very own San Diego Criminal Defense Attorney, we have successfully defended hundreds of stalking cases in San Diego County, securing dismissals and reduced charges.

2. Aggressive Defense in Every Courthouse

We regularly appear at the Vista Courthouse, East County El Cajon Court, South Bay Chula Vista Court, and the Downtown Courthouse at 1100 Union Street, ensuring that we are well-versed in local courtroom strategies.

3. Protecting Your Freedom and Reputation

A stalking conviction can destroy reputations and careers. We take every case seriously and fight aggressively to keep charges off your record.

4. Early Intervention Can Prevent Charges

If you have been accused but not yet charged, we can intervene to prevent charges from being filed or convince the prosecution to drop the case.

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