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Stalking

What happens if you are stalking a colleague and are caught doing so?

You can be charged with a criminal offense.

California is one of the first states in the country to adopt a legal framework to prevent, deter and punish the crimes relating to stalking and harassment. The state has laws against stalking, harassment, and cyberbullying from the early 1990s. In these charges, emotional trauma is significantly high which skews the system towards the victim, and as a result, it is difficult to contest these charges. At Law Office of David S. Chesley, we make sure that your side of the story is heard in the court and provide aggressive defense against your charges.

What is PC 646.9?

The statute of PC 646.9 defines the act of stalking, harassment, and bullying on all electronic and physical channels. The law states, “Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking”.

Elements of PC 646.9

If you have been charged with ‘Stalking’ under PC 646.9, the prosecutor has the burden of proof. The prosecutors must establish in the court that,

The defendant willingly, maliciously and repeatedly follows or harasses the victim.
The defendant made a credible threat to the victim.
The victim reasonably feared for his or her safety or safety of immediate family members.

If any of the elements mentioned above of crime are missing, the charges cannot be proved against you. We, as a criminal defense attorney in stalking and harassment cases’ question the evidence provided by prosecutor and aim to invalidate them.

Examples of Stalking and Harassment

There can be many examples of stalking and harassment behavior. However, if someone stalks a crush from her university to home only once and does not make any statement, it cannot be charged with stalking. For an offense to qualify as stalking or harassment, all elements of the crime must be present. Some of the common examples of stalking and harassment are as follow,

You send several messages to your co-worker after she has refused your proposal that she would better go out with you or else.
You follow your ex to home from work every day and keep sending him or her notes that you will ruin his or her life.
You keep calling on the number of your ex-spouse and threaten to kill them if he or she does not make things up with you.

Penalties for Stalking and Harassment

The statute of 646.9 imposes strict penalties for anyone guilty of stalking and harassing. It is a wobbler crime in California which means that you can be charged with ‘misdemeanor’ or a ‘felony’ based on the seriousness of the crime, specific circumstances, your previous criminal record, or if there were a restraining order from the court. The only way out of the difficult situation of stalking charges is to have an aggressive and knowledgeable defense legal representation.

If convicted, the penalties of stalking and harassment are up to,

One-year jailtime in the county jail.
$1,000 in fines
Informal Probation
Restraining Order Against you
Mandatory Rehabilitation Program Enrollment

If you have violated a previous restraining order or if you have been previously convicted of stalking, the penalties can be up to

Five years in state prison.
$1,000 in fines
Formal Probation
Restraining Order Against you
Mandatory Rehabilitation Program Enrollment

Available Defenses in Stalking and Harassment Cases

In the stalking cases, the system has significant emotional support to the victim. Therefore, it is important to present your case effectively in the court. Our defense lawyers have represented various stalking cases in the court and have prepared defense of the clients successfully. We focus on the most appropriate defense that applies to given circumstances and prepares strong arguments for it. Some of the common defense arguments in these cases are,

The defendant did not willfully follow the person i.e. the act was unintentional and misunderstood.
The defendant did not make a credible threat to the victim.
The defendant is charged due to mistaken identity.

Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Rodrigo L.

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Ricardo Esteves

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Erica Geller

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Elizabeth F.

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Leon Hanley

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Britanny Givens

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
Andrew A.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.

Thank you Negin.
Gabriel V.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
Jason Corona

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.
Santiago L.