San Jose Stalking Charges Defense Attorney

Defense Lawyer in Santa Clara County For Those Accused of Threatening

Some of the most common accusations related to domestic violence include allegations of threats and stalking. It is against the law to repeatedly follow someone or make threats against them which make them fear for their safety. If you have been charged with stalking or criminal threats, do not take these charges lightly. Being convicted of either of these crimes can result in severe consequences.

The professionals at the Fuller Law Firm take our jobs seriously. We work tirelessly to help our clients reach a positive outcome when faced with criminal charges. When you have been accused of stalking or making threats against a loved one, you may be facing jail time and expensive fines. Working with a qualified criminal defense attorney gives you the best chance at reducing these charges or having the charges against you dismissed altogether.

California Law Regarding Criminal Threats

According to California Penal Code 422, making threats to harm someone is a crime. Anyone who willfully threatens to commit a crime against another that would result in their death or serious injury may be charged with criminal threats. Such a threat can be made verbally in person, in writing, through a phone call, or by means of electronic communication, such as email or text messaging. Even if the accused does not intend to actually go through with the crime he or she has threatened to commit, he or she can still be convicted of criminal threats. If the person who was threatened believed the threats were serious enough "to be in sustained fear for his or her own safety or for his or her immediate family's safety," charges may be filed, and a conviction is possible.

Criminal Penalties for a Criminal Threats Conviction

Criminal threats is a "wobbler" offense, which means that the prosecution has the option of charging the crime as a felony or a misdemeanor. A felony criminal threats conviction is punishable by up to four years in state prison. Additionally, a felony conviction of criminal threats is a "strike" offense under California's Three Strikes Law. A second strike can lead to your sentence being doubled, and a third strike is punishable by 25 years to life in prison.

A misdemeanor criminal threats conviction is punishable by up to one year in county jail. A person convicted of misdemeanor criminal threats may also be required to complete domestic violence counseling and submit to a protective order prohibiting him or her from contacting the victim.

Stalking Charges Can Lead to Jail Time

California's stalking law prohibits harassing or following another person to a degree that the other person fears for his or her safety or the safety of his or her family. Depending on the circumstances of the case and the defendant's criminal history, stalking can be a misdemeanor or a felony. A misdemeanor stalking conviction carries a punishment of up to one year in jail. A felony stalking conviction is punishable by up to three years in prison.

Speak with a Knowledgeable Criminal Defense Attorney for Help

If you are facing stalking charges or criminal threats charges, you could be facing jail time and other criminal consequences. To speak with a qualified criminal defense attorney who can help you understand your legal options, contact our office. Schedule a confidential consultation today by calling 408-234-7563. We represent defendants accused of stalking and making criminal threats in San Jose, Palo Alto, Gilroy, Fremont, Alameda County, Santa Clara County, and the adjacent areas.