Stalking

Dan Koukol is a criminal defense attorney who has successfully been defending stalking cases in Placer County, including Roseville, Granite Bay, Auburn, Lincoln, Loomis, and surrounding areas for more than 25 years.

If you are being charged with stalking, you need an attorney who:

1. Knows the intricacies of the stalking charges you face and the consequences such charges carry.
2. Is familiar with the substitutes to conviction.
3. Understands offered settlements and how to structure outcomes to help you clean up your record.

My knowledge of stalking charges in Placer County, Roseville, Granite Bay, Auburn, Lincoln, Rocklin, and Loomis allows me to get to the best result possible in your case.

Charge: Penal 646.9(a)
Description: Stalking with threat
Severity: Felony
Sentence Range With Probation: 0 to 365 days
Sentence Range Without Probation: 16m, 2y, or 3y

Charge: Penal 646.9(a)
Description: Stalking
Severity: Misdemeanor 0 to 365 days
Sentence Range With Probation:
Sentence Range Without Probation: 0 to 365 days

Charge: Penal 646.9(b)
Description: Stalking in violation of a court order
Severity: Felony
Sentence Range With Probation: 0 to 365 days
Sentence Range Without Probation: 2y, 3y, or 4y

Charge: Penal 646.9(c)
Description: Stalking with prior felony conviction
Severity: Felony
Sentence Range With Probation: 0 to 365 days
Sentence Range Without Probation: 2y, 3y, or 5y

Stalking involves making a credible threat. A credible threat may be made orally, in writing, or electronically or may be implied by a pattern of conduct or a combination of statements and conduct.

You are not guilty of stalking if your conduct is constitutionally protected activity (such as free speech under the First Amendment).

In some cases Stalking is a wobbler (meaning they can be charged either a felony or a misdemeanor depending on the circumstances of the crime and your criminal record).

To prove you are guilty of this crime, the prosecution must prove that:

1. You willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person,
2. You made a credible threat with the intent to place another person in reasonable fear for his or her safety or for the safety of his or her immediate family.

The prosecution does not have to prove you actually intended to actually carry out your threat.

Although legal defenses are different in every case, there are several defenses common to stalking charges. Some of these include (but are not limited to):

• The accusation was not credible.
• Your speech is protected under the First Amendment
• Lack of knowledge that you were in the same location as the other person.

If you cannot successfully defend against the stalking charge, to enter an admission to settle your case you will want to:

• Carefully negotiate the offense you admit to.
• Negotiate to avoid jail, prison, or other consequences
• Make arrangements to clean up your criminal record and get your life back on track as soon as possible.

If you are facing stalking charges, call me at (530) 823-5400 to set up a free consultation.