Elements that define the California domestic violence crime of stalking

California's domestic violence laws apply to crimes that are committed against one's intimate partner. Intimate partners are dating or formerly dating, married or divorced, living together and persons who have children together. The laws apply to all partners, regardless of their sexual orientation. When an individual willfully, maliciously and repeatedly follows his or her intimate partner and also threatens that partner, he or she will likely be charged with stalking as a domestic abuse crime.

Stalking, like all other crimes, has certain "elements" or facts that must be proven before a defendant can be convicted of a crime. The prosecutor must prove each element independently, and if he or she can't prove just one of the elements, the jury must acquit the defendant. The skilled criminal defense lawyers at the Kavinoky Law Firm specialize in intimate partner abuse crimes and know how to individually attack each element to best defend their clients.

Stalking, as a D.V. crime, has three elements that comprise the charge. The first is that an individual willfully, maliciously and repeatedly followed or willfully and maliciously harassed his or her intimate partner. In this context, "harass" means to alarm, annoy or terrorize one's intimate partner with no legitimate purpose on at least two or more occasions.

The second element that must be proven is that the individual also made a credible threat against that same intimate partner. A credible threat is a threat designed to place its recipient in fear for his or her safety or for the safety of his or her family and is made with the apparent ability to be executed. Whether or not the individual actually intended to carry out the threat is irrelevant to the charge.

The final element of a stalking charge is that the individual made the threat with the specific intent to place his or her intimate partner in reasonable fear. This means that if the defendant only intended the statement to be taken as a joke or didn't intend for the statement to be heard by or received by his or her partner, this element would not be met. However, if the prosecutor is able to prove all three elements, the defendant will face either a misdemeanor, punishable by up to one year in the county jail, up to $1,000 in fines and additional penalties, or a felony, punishable by up to one year in the state prison and the same additional penalties. Whether the crime is charged as a misdemeanor or a felony will depend on the circumstances that surrounded the alleged events.

In a case where the defendant is accused of stalking his or her intimate partner when there was a court order prohibiting such conduct against that same partner, there are two additional elements that require proof. The first is that the court previously issued an order forbidding any type of "stalking" behavior against the same intimate partner, and the second is that the order was in effect at the time of the charged incident. If the prosecutor can prove all five of these elements, the defendant faces a felony punishable by imprisonment in the state prison for at least two years and possibly up to four.

A stalking accusation is serious and a conviction carries severe penalties including prison, registration as a sex offender and a host of other mandatory probation requirements. A defendant charged with this crime faces irreparable damage to his or her family, friends and freedom. The experienced attorneys at the Kavinoky Law Firm have successfully defended many individuals who were accused of stalking as well as numerous other intimate partner violence crimes. Because of their training and experience with domestic violence cases, they know the most effective ways to refute this crime's elements and will help ensure that the devastating consequences associated with a stalking conviction don't become a reality. Click here for a free consultation and for the best representation.