I Was Accused of Stalking. What Should I Do?

 Posted on April 23, 2025 in Criminal Defense

You may be involved in a nasty breakup, or your significant other may want to get back at you for other reasons. Someone you barely know could accuse you of stalking or making threats. Whatever the reasons behind the allegations, stalking and threatening are serious crimes that come with dire consequences if you are convicted. You need an experienced San Jose criminal defense attorney on your side to protect your rights and work toward the best possible outcome.

What Is Stalking?

Stalking covers a variety of behaviors that make the alleged victim feel threatened or in fear for his or her safety. Examples of stalking include:

• Frequent emails, texts, mail, and calls
• Following and surveilling someone repeatedly
• Going to a place, such as a home, store, workplace, or school, where the person is expected to be
• Obsessively following a person on social media
• Verbal abuse, spreading rumors, and falsely claiming a relationship
• Making threats, property damage, and breaking into a car or a residence

These and similar behaviors could indicate excessive attention which do not necessarily reach the level of stalking. However, if the alleged victim believes real harm could follow to herself or her family, you could be charged with stalking. That harm does not have to actually take place for these charges to be made.

Is Stalking a Misdemeanor or Felony Offense in California?

This type of crime can be either a misdemeanor or a felony, depending on the specifics of the case. If the alleged victim has an order of protection against you or additional charges are made in conjunction with the alleged crime, the consequences of a conviction could be more severe. Jail or prison time and fines could result, with increasingly longer sentences for multiple felony convictions. A third felony stalking conviction could land you in prison for almost 25 years.

If you are accused of stalking, do not take the accusation lightly. Call our offices right away, even if no charges have been filed. We can begin investigating and protecting your rights immediately.

How Can a Lawyer Help With Stalking Charges?

Many times, stalking allegations are unfounded. The supposed victim may be attempting to manipulate the legal system to punish you unfairly. In other cases, that person could be grossly exaggerating what actually happened. You may not have had any intention of harming the person or anyone else by your actions, so the entire issue could be a misunderstanding. You could have made regrettable mistakes.

Whatever happened, we will get to the bottom of things. Our investigation should reveal the facts behind the allegations, giving us evidence to help your case. We can be present anytime you are questioned or interrogated about the alleged crime. We will work to achieve the best possible outcome, which could be reducing or dropping the charges, entering into an appropriate diversion program, or receiving a reduced sentence. You can count on us for a vigorous defense strategy because we truly believe you deserve skilled representation. If you made a mistake, you deserve a second chance.

Call Our Dedicated Santa Clara County, CA Stalking Defense Lawyer

As a Santa Clara County native, our skilled San Jose, CA criminal defense attorney has a deep desire to help you get your life back on track after an accusation of stalking. Call us at 408-234-7563 or contact us online to request your no-cost consultation now.