Stalking as a California Domestic Violence Crime

Stalking, when committed against one's intimate partner, will be prosecuted as a domestic violence crime in California. California defines intimate partners as married, divorced, dating, formerly dated, having children together or living together, regardless of whether they are heterosexual or same-sex partnerships. When an individual willfully, maliciously and repeatedly follows his or her intimate partner and makes a threat, intending to place that partner in fear, he or she faces up to one year in jail and a $1,000 fine, depending upon whether it is charged as a misdemeanor or a felony. The prison time would be at least two years and as many as four years if the accused commits this crime while named in a protective order or may be raised to a maximum of five years if he or she has a prior conviction for stalking or prior convictions for infliction of injury, violation of a protective order or for making criminal threats.

California law prohibits an individual who has been charged with stalking to be released from custody without first having a bail hearing. At a bail hearing, a judge considers the defendant's flight risk, his or her prior criminal history, the increased risk to the victim of the crime and the facts of the pending case to determine whether to release the defendant on his or her own recognizance (commonly called OR) or to increase or reduce the scheduled bail amount. The defendant is more or less presumed guilty by the judge during this phase of the proceedings, which is why it is imperative that the defendant hires an experienced criminal defense lawyer from The Kavinoky Law Firm to help persuade the court that either reducing bail or releasing the defendant O.R. will best serve justice.

In an intimate partner abuse case such as stalking, a judge will typically deny an OR release, thereby requiring the defendant to post bail in order to get released from custody. He or she can either post cash bail or post a bail bond. Posting cash bail is rare, because few people have enough money to pay the full amount of their set bail. When cash bail is posted, it will be returned to the defendant within 60-90 days after the case is resolved if the defendant attended every single court appearance. If, at any time, the accused failed to appear for court, the cash bond may be forfeited to the court.

A bail bond is more typically used to post bail than cash bail. When obtaining a bail bond, the defendant enters into a contract with a bail agent. In exchange for a fee (usually 10% of the bail amount), the bail agent (or bondsman) agrees to post the full bail amount for the defendant. The agent will usually require additional "collateral" which is an item of great value, usually a house or a car, to further secure the bond. If the defendant makes all of his court appearances, at the conclusion of the case, the bond will be exonerated and the collateral will be released. If the defendant flees, his or her collateral will become the property of the agent.

Because the consequences of a stalking conviction are so serious, it is vital that the accused hires a skilled defense attorney as soon after his or her arrest as possible so that the attorney can fight for the defendant throughout the entire criminal court process. The rules pertaining to a Domestic Violence stalking charge are specific and technical, which is why it is so important to retain representation that is experienced in this area of the law. The unparalleled attorneys at The Kavinoky Law Firm have successfully defended countless individuals accused of stalking. To secure the best representation, click here for a free consultation.