Defenses to a Stalking Charge in California

Being charged with stalking in California can be a daunting experience, with potential consequences including jail time, fines, and a restraining order.  Civil lawsuits also follow stalking convictions. Under California Penal Code Section 646.9, stalking involves willfully and repeatedly following or harassing someone, coupled with a credible threat to their safety. However, a charge doesn’t mean a conviction is inevitable. There are several defenses that a skilled criminal defense attorney can use to challenge the prosecution’s case. Below, we outline some of the most effective defenses to a stalking charge in California.

Defenses to a Stalking Charge in California: Straight Talk from Daniel Horowitz

Let’s cut through the noise—being accused of stalking in California is no picnic. Under Penal Code Section 646.9, the prosecution’s got to prove you willfully tracked someone down, harassed them repeatedly, and threw in a credible threat to boot. Penalties? Jail, fines, a restraining order slapped on your record. But here’s the deal: a charge isn’t a conviction. I’m Daniel Horowitz, a Board Certified Criminal Defense Specialist with over 200 jury trials under my belt, and I’ve seen plenty of these cases unravel when you hit them with the right defense. Let’s break down how we fight back.

1. No Intent? No Case.

Stalking’s not an accident—it’s about intent. The prosecution’s got to show you meant to harass or scare someone. I’ve handled cases where the so-called “stalking” was just dumb luck—running into someone because you live next door or work the same beat. Or maybe you sent a few texts, thinking they’d laugh, not freak out. No malice, no stalking. I dig into the evidence—texts, emails, witnesses—and show the jury it’s a stretch to call it intentional. Game over.

2. Where’s the Threat?

Here’s the kicker: no threat, no stalking. California law says it’s got to be credible—something that’d make a reasonable person sweat. A couple of calls or showing up at a coffee shop? Annoying, maybe, but threatening? Come on. And if the “victim” kept texting you back or meeting up, I’ll ask the courtroom: where’s the fear? I’ve cross-examined enough shaky witnesses to know how to poke holes in this element. If it’s not there, the charge doesn’t stick.

3. One Time Ain’t a Pattern

Stalking means repeated behavior—a “course of conduct.” One blowout argument or a single late-night message? That’s not stalking, it’s a bad day. The prosecution’s got to prove multiple acts, and if they’re leaning on thin air—no texts, no voicemails, no witnesses—I’ll shred it. I’ve stared down weak cases like this in Alameda County and beyond. If they can’t stack the evidence, they’re done.

4. Lies and Motives

False accusations are the dirty little secret of stalking cases. Ex-spouses, jilted lovers, custody wars—people lie for revenge or leverage. I’ve seen it all. We flip the script: show the jury their story’s full of holes, their timeline’s off, or they’ve got a grudge a mile wide. Witnesses who know you, records of them reaching out to you—I bring the heat to prove it’s a setup. Truth wins.

5. Free Speech, Not a Crime

You’ve got rights—First Amendment rights. If they’re calling your protest sign or Twitter rant “stalking,” we’ve got a fight. Speech isn’t stalking unless it’s a direct, personal threat. I’ve argued this in courtrooms from Oakland to Stockton—public expression doesn’t equal harassment. We draw the line, and if they can’t cross it with proof, they lose.

6. Wrong Guy

Mistaken identity happens. Grainy security footage, a shaky witness pointing fingers—it’s not always you. I’ve had clients accused because they fit some vague description. I dig into the details, challenge the ID, and make the prosecution sweat. Reasonable doubt? That’s my wheelhouse.

7. They Wanted the Contact

If they’re texting you back, meeting you for coffee, or never said “stop,” how’s that stalking? Consent kills their case. I pull the receipts—phone logs, emails, whatever shows it was a two-way street. The prosecution hates when I turn their narrative upside down like that. No harassment, no crime.

Why Me? Because I Fight.

I’ve been in the trenches—over 30 special circumstances cases, eight death penalty trials, decades in Alameda County. Stalking charges are a puzzle, and I know how to take them apart. The prosecution’s got to nail every piece—intent, repetition, threat—beyond a reasonable doubt. I don’t let them slide. I’ve taught trial law, written the articles, faced the juries. If you’re staring down a stalking rap, you need someone who’s been there and won.

Don’t let an accusation run your life. Call me, Daniel Horowitz, and let’s hit back—hard.