Stalking accusations can be devastating. One minute you’re trying to maintain contact with someone you know—maybe even someone you care about—and the next, you’re facing criminal charges that can ruin your reputation, destroy your career, and put your freedom in jeopardy.
If you’ve been accused of stalking in Orange County, it’s critical to speak with a knowledgeable stalking defense lawyer in Fullerton immediately. At Not Guilty Law, we specialize in defending clients against serious criminal allegations and protecting their rights at every stage of the legal process.
What Is Stalking Under California Law?
Under California Penal Code § 646.9, stalking is defined as:
“Willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place them in reasonable fear for their safety or the safety of their immediate family.”
This law applies whether the alleged conduct happens in person, online, through text messages, or even through third parties.
You don’t need to be physically near someone to be charged with stalking. Allegations involving cyberstalking or digital harassment are increasingly common—and just as serious.
Types of Stalking Charges in Fullerton
Stalking may be charged as either a misdemeanor or felony, depending on:
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Whether a restraining order was already in place
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Whether this is your first offense
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The severity and pattern of alleged harassment
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Any prior convictions for domestic violence or similar conduct
Misdemeanor Penalties:
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Up to 1 year in county jail
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Fines up to $1,000
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Probation, mandatory counseling, and restraining orders
Felony Penalties:
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2, 3, or 5 years in state prison
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Possible sex offender registration in aggravated cases
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Loss of firearm rights
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Immigration consequences if you’re not a U.S. citizen
Need help understanding your situation? Visit our FAQ page for quick answers, or contact our legal team directly.
Common Scenarios That Lead to Stalking Allegations
At Not Guilty Law, we’ve seen how stalking charges often arise from:
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Breakups or divorce: One partner misinterprets attempts at reconciliation or communication.
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Online misunderstandings: Social media messages or comments taken out of context.
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Jealousy or revenge: False accusations by someone seeking control or retribution.
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Neighbor disputes: Ongoing tension or disagreements escalate into legal complaints.
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Mental health challenges: Behavior linked to untreated emotional or psychological issues.
Each of these scenarios presents opportunities for a skilled Fullerton stalking lawyer to challenge the facts and expose weaknesses in the prosecution’s case.
How We Defend Against Stalking Charges
We’ve helped countless clients avoid jail time and protect their reputations by using proven legal strategies, including:
1. Lack of Credible Threat
The law requires that your alleged actions must involve a “credible threat.” If no threat was made—or if the other person was never truly in fear—the case may fall apart.
2. First Amendment Protections
Certain speech and online activities, even if persistent, may be protected under the First Amendment.
3. False Allegations
Many stalking charges stem from exaggerated or false claims, especially during emotionally charged situations like divorce or custody battles.
4. Mistaken Identity
In digital cases, someone else may be responsible for the conduct being blamed on you. We can investigate and uncover the truth.
5. Lack of Repetition
Stalking requires a “pattern” of behavior. A single unwanted interaction—while possibly inappropriate—is not always criminal.
Explore more of our criminal defense work on our Practice Area page.
Why Stalking Accusations Are So Damaging
Unlike other charges, stalking carries a heavy social stigma—often before the case even goes to court. Just being accused can result in:
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Restraining or protective orders limiting where you can go or who you can talk to
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Loss of job or educational opportunities
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Bans from schools, workplaces, or public spaces
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Damaged personal and professional relationships
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Embarrassment and isolation
Even if charges are dropped later, the damage may already be done—unless you act fast and mount a strong defense.
Real Clients. Real Results.
Lead attorney Jeffrey Kent brings over 30 years of experience to stalking and harassment cases in Fullerton. Known for his courtroom tenacity and strategic thinking, Mr. Kent has helped clients:
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Get charges reduced or dismissed
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Avoid restraining orders
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Stay out of jail
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Rebuild their personal and professional lives
Read real experiences from people just like you on our Client Reviews page:
“My ex accused me of stalking when I just wanted to return her things. Mr. Kent showed the truth and got the case dismissed. I’m grateful beyond words.”
— Client, Fullerton
Frequently Asked Questions
Can I be charged with stalking for texting or calling someone repeatedly?
Yes, especially if the communication is unwanted and makes the recipient feel threatened or harassed. But context and intention matter—and a good defense attorney will make sure the full picture is presented.
Is stalking a domestic violence crime?
It can be. If the alleged victim is a current or former partner, you may face additional consequences like domestic violence enhancements or restraining orders.
Will I get a restraining order automatically?
Courts often issue temporary restraining orders after an arrest. We fight to challenge those orders and prevent long-term consequences.
What if I’ve already been served with a restraining order?
Contact us immediately. Do not contact the protected party, even to explain. Any violation could result in separate criminal charges.
Why Choose Not Guilty Law?
At Not Guilty Law, we believe everyone deserves a vigorous defense and a second chance. We’re not just here to represent you—we’re here to help you rebuild.
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Decades of courtroom experience in Fullerton
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Transparent and responsive communication
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Discreet, judgment-free representation
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Custom legal strategies tailored to your life and goals
Learn more about our mission and team on our About Us page.
Contact a Stalking Defense Lawyer in Fullerton Today
Don’t let a misunderstanding or false allegation become a criminal conviction. The sooner you act, the more options you have.
Call Not Guilty Law today or fill out our confidential online form for a free consultation. Let Jeffrey Kent and our experienced team fight for your rights, your future, and your peace of mind.
Charged with stalking in Fullerton?
We’ll help you clear your name and get your life back on track.