How to Fight Stalking Charges in San Francisco

How to Fight Stalking Charges in San Francisco

Getting charged with stalking can be scary. But don’t panic – there are ways to fight the charges, even in San Francisco which has some strict stalking laws. As a defense lawyer in SF, I’ve seen many stalking cases, and I want to help anyone charged with stalking understand their options and build the strongest defense.

First off, what exactly is stalking under California law? The legal definition of stalking is: willfully, maliciously, and repeatedly following or harassing someone and making credible threats with the intent to place that person in reasonable fear for their safety. So for a stalking conviction, the prosecution has to prove beyond a reasonable doubt:

• You engaged in a repeated pattern of following or harassing the victim
• You made credible threats against the victim
• You intended to place the victim in reasonable fear for their safety
• The victim was actually placed in reasonable fear

That’s a high bar to clear. The prosecution can’t just show one or two isolated incidents – they need to prove a “repeated pattern of conduct”. And it has to be more then just annoying or unwanted contact – there needs to be credible threats that reasonably place the victim in fear.

Fighting Stalking Charges by Attacking the Credibility of the Accuser

One of the best defenses against stalking accusations is to undermine the credibility of the accuser. If you can show the supposed “victim” is exaggerating or being untruthful, it will make the prosecution’s whole case fall apart.

So if you have evidence the accuser is lying or motivated by something other than fear – like revenge against an ex or wanting attention – bringing that to light can get the charges dropped. Text messages, emails, witnesses and other evidence showing the accuser isn’t afraid of you or misrepresented interactions can be very persuasive.

For example, in one case I defended, we obtained text messages where the accuser was actually initiating contact and wanting to get together with my client after the supposed stalking. This proved she wasn’t really afraid and the case was dismissed.

Using Legal Defenses Like Consent

Certain legal defenses can also defeat stalking charges. One of the most powerful is consent – showing the accuser consented to the contact. This is especially common in stalking accusations stemming from romantic relationships gone bad.

If you can prove the “victim” agreed to see you, take your calls, etc, it undercuts the argument they were harassed or threatened. I’ve seen charges dropped when we produced emails or witnesses showing the accuser willingly maintained contact.

The consent defense often overlaps with attacking credibility, because it shows the supposed victim is contradicting their own stalking allegations.

Using Free Speech Protections

Another legal defense is arguing your actions were protected free speech under the First Amendment. Things like calling, texting, sending letters or showing up in public places to see someone are generally not crimes in themselves.

Only if these actions become extreme and threatening do they cross the line into illegal stalking. For example, one of my cases was dismissed when we successfully argued the “stalking” behavior was just my client exercising his free speech rights to protest his ex’s new relationship.

Fighting Stalking Charges by Poking Holes in the Prosecution’s Case

Even if you can’t completely undermine the accuser’s credibility or use a legal defense, you can still beat stalking accusations by poking holes in the prosecution’s case. This comes down to making them fail to prove the elements of stalking beyond a reasonable doubt.

For instance, I defended a client accused of stalking his ex-girlfriend by showing up uninvited and leaving gifts/letters at her apartment. But we obtained security camera footage proving he’d actually only come by once, not “repeatedly”. This reasonable doubt led to an acquittal.

Other ways to poke holes include:

• Proving you didn’t intend to cause fear – it was a misunderstanding
• Showing your contacts weren’t threatening enough to reasonably frighten the average person
• Arguing the accuser’s reactions were excessive compared to the actions
• Highlighting errors or contradictions in the prosecution’s timeline of events

If you can raise doubts about any of the elements the DA has to prove for stalking, you can beat the rap.

Using California’s Stalking Laws to Your Advantage

Ironically, the intricacies of California’s stalking statutes – Penal Code 646.9 and civil code 1708.7 – can also provide ammunition to defend yourself. For example, credible threats have a specific definition under the law. If the prosecution is overreaching and claiming something doesn’t meet that definition, we can file a motion to dismiss.

Also, California stalking requires the victim be in “reasonable fear” – so if the accuser has mental health issues or is prone to exaggeration, we can argue they don’t meet the “reasonable person” standard. I’ve seen charges reduced or dropped on those grounds.

The bottom line is understanding California’s stalking laws inside and out allows us to hold the prosecution accountable if they fail to prove every element or misapply the statutes.

Fighting Stalking Allegations in the Court of Public Opinion

Even if you do get charged, the way you respond can limit the damage to your reputation. Admitting fault or getting angry/defensive often backfires. Instead, calmly denying the allegations and emphasizing contradictions in the accuser’s story is more convincing.

Pointing out mental health issues, drug abuse or ulterior motives by the accuser can also be effective PR. And make sure to remind people you have the presumption of innocence and right to due process, so judgement should be withheld until all facts are heard.

Social media gives you the power to combat false stalking accusations and sway public opinion in your favor – if used strategically.

Why Getting an Experienced Lawyer is Critical

Fighting stalking charges in San Francisco or anywhere else is complex and high stakes. You need a lawyer experienced in defending these cases to develop the right strategy and apply maximum pressure on flaws in the prosecution’s arguments.

An adept stalking defense lawyer knows how to investigate the accuser’s background and motives, obtain hard evidence of consent or contradictions, and present all this effectively in court. They also know how to argue free speech is being infringed upon, or highlight errors in how the DA is applying the stalking statutes.

And beyond beating the charges, a good lawyer lessens damage to your finances and reputation. They work to get charges reduced or dismissed early, avoiding a lengthy public trial. Their relationships with judges and prosecutors gets better results. And they advise you on looking innocent in the court of public opinion.

Don’t take chances with your future – an experienced criminal defense attorney levels the playing field and gets you the best outcome. Consultations are free, so call today.

The Bottom Line

Stalking accusations can’t be taken lightly – but they can be beat. Use the strategies I covered to undermine the accuser’s credibility, raise reasonable doubt, and expose flaws in the prosecution’s case. With an experienced lawyer guiding you, many stalking charges fall apart under scrutiny. So don’t lose hope – fight back, and the truth will prevail.

References

California Stalking Laws – Penal Code 646.9 PC – Shouse California Law Group
California Stalking Laws: Penal Code 646.9 PC – Kann California Defense Group
CALCRIM No. 1301. Stalking – Justia
Stalking and Harassment Laws in California – Avvo
Free Speech vs Stalking, Harassment – Nolo