San Diego Stalking Defense Attorney (CPC 646.9)
In today’s interconnected world, innocent digital communication—such as persistent text messages, location sharing, or social media interactions—can quickly spiral into severe criminal charges. Stalking is aggressively prosecuted in California, and an allegation alone can destroy your personal and professional reputation. If you are facing charges under California Penal Code 646.9, retaining a skilled San Diego stalking defense attorney is critical to protecting your freedom.
What Constitutes Stalking Under California Law?
Under California Penal Code 646.9, prosecutors must prove three specific elements beyond a reasonable doubt to secure a stalking conviction:
- Willful and Repeated Harassment: You willfully, maliciously, and repeatedly followed or harassed another person.
- Credible Threat: You made a credible threat with the clear intent to place that person in reasonable fear for their safety, or the safety of their immediate family.
- Reasonable Fear: The threat actually caused the accuser to reasonably fear for their safety.
A significant portion of modern stalking charges involves cyberstalking defense in San Diego. California law explicitly includes electronic communications—such as emails, text messages, social media tags, and GPS tracking devices—as potential vehicles for harassment and credible threats.
Classification and Criminal Penalties
Stalking is a “wobbler” offense in California, meaning prosecutors have the discretion to charge it as either a misdemeanor or a felony based on your criminal history and the facts of the case.
| Charge Level | Potential Incarceration | Maximum Fines | Additional Consequences |
| Misdemeanor Stalking | Up to 1 year in county jail | $1,000 | Summary probation, mandatory counseling |
| Felony Stalking | Up to 5 years in state prison | $1,000 | Formal probation, permanent criminal record |
| Aggravated Felony | Up to 5 years in state prison | $1,000 | Charged if you violate an existing protective order or have a prior conviction for domestic violence/stalking |
Building an Effective Defense Against Stalking Allegations
An experienced CPC 646.9 lawyer will scrutinize the prosecution’s evidence—especially digital footprints—to dismantle their case. Proven defense strategies include:
- Lack of a Credible Threat: The prosecution must prove that your words or actions constituted a genuine threat. We can argue that your communications were constitutionally protected free speech, venting, or statements that a reasonable person would not perceive as a threat of violence.
- Lack of Intent: If you did not intend to cause the accuser fear, the legal threshold for stalking is not met. Misinterpreted texts or clumsy attempts at reconciliation are not inherently criminal.
- Mistaken Identity or False Claims: In the digital age, fake social media accounts, spoofed phone numbers, and fabricated text messages are commonly used to frame innocent people. We utilize digital forensics to trace IP addresses and expose fabricated electronic evidence.
Protecting Your Future and Reputation
A stalking conviction carries devastating collateral damage, including the permanent loss of your Second Amendment right to own a firearm, suspension of professional licenses, and, in specific felony cases, mandatory registration as a sex offender.
If your charges stem from alleged restraining order violations, your defense requires a specialized approach, as prosecutors will automatically pursue enhanced felony penalties. Our legal team will thoroughly investigate the allegations, challenge unverified digital evidence, and aggressively defend your constitutional rights in court.
Contact our office today to schedule a confidential legal strategy session and begin building your defense.
San Diego’s Trusted Criminal Defense Attorney
Attorney William R. Burgener is a certified Criminal Law Specialist, authorized and recognized by the State Bar of California. With over 44 years of experience as a Criminal Justice Act (CJA) attorney on the San Diego panel, he has an in-depth understanding of the court system, having represented clients in all San Diego County courts both state and federal, including Downtown, South Bay, Vista, and El Cajon. He is able to represent statewide and nationally.
With more than 35 years of experience in handling federal and state felonies and misdemeanors, Attorney Burgener has successfully managed thousands of cases, frequently securing favorable resolutions. His extensive trial experience includes over 100 federal and state jury trials, as well as numerous successful motions and expungements.
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