Stalking

Stalking Charges Attorney in San Diego

San Diego Criminal Defense Rooted in This Court System Since 2007

A stalking accusation carries serious weight from the moment charges are filed. At Lee Law Group DUI & Criminal Attorneys, we defend people facing these charges inside the San Diego County court system, bringing courtroom experience built here since Ernest J. Lee Sr. founded the firm in 2007. Before establishing the firm, he worked at four different San Diego-area law firms, giving him a detailed understanding of how these cases are prosecuted and how they may resolve locally.

If you’ve been charged with or are under investigation for stalking in San Diego County, call us at (619) 975-2033 or reach us through the online contact form to discuss your situation.

What California Law Defines as Stalking

California Penal Code 646.9 defines stalking as willfully, maliciously, and repeatedly following or harassing another person while making a credible threat that causes that person to reasonably fear for their safety or the safety of their immediate family. A credible threat under the statute is one that places the victim in genuine fear, and it can be communicated verbally, in writing, or through electronic means, including repeated unwanted messages or contact. Cyberstalking falls under this same statute.

The charge requires two distinct elements working together: a pattern of repeated conduct and a credible threat tied to it. Prosecutors must establish both. A single unwanted interaction generally isn’t enough; the statute targets sustained courses of conduct such as repeated surveillance, monitoring, or contact that a reasonable person would find threatening.

Penalties for a Stalking Conviction in California

Stalking under Penal Code 646.9 is a wobbler offense, meaning the district attorney can charge it as either a misdemeanor or a felony based on the circumstances and the defendant’s prior record. A misdemeanor conviction can result in up to one year in county jail; a felony conviction can result in up to five years in state prison.

Sentences can increase when the alleged stalking occurred while a restraining order or protective order was already in effect. Under California Penal Code 646.9(b), if a court order was already in place prohibiting the conduct, the misdemeanor option may be removed and the case may be charged as a felony carrying two, three, or four years in state prison.

Why San Diego Clients Choose Lee Law Group DUI & Criminal Attorneys

Two attorneys at our firm have been selected to the Super Lawyers or Rising Stars lists, a peer-reviewed distinction based on evaluation by other attorneys. Our clients consistently rate us five stars, reflecting the personalized attention and transparent communication we bring to every case.

Our founding principle is that quality criminal defense shouldn’t be out of reach for working people. We don’t treat affordability and strong advocacy as opposites. Each client receives individual attention rather than a generic case-management approach, and we keep you informed at every stage so you understand your options and can make decisions with confidence.

How Restraining Orders & Stalking Charges Interact

A civil harassment restraining order or a domestic violence restraining order can be issued against a person entirely separate from any criminal stalking case. These civil proceedings run on their own track and can result in no-contact provisions that remain in force regardless of how the criminal case resolves.

When a defendant already has a restraining order in place and then engages in conduct that forms the basis of a stalking charge, violating that order carries its own criminal exposure under California Penal Code 273.6. That means a person facing a stalking allegation may simultaneously face a separate charge for the restraining order violation, compounding the potential penalties. Understanding both proceedings and how they affect each other is an important part of building a complete defense.

Why Choose Lee Law Group DUI & Criminal Attorneys?

Affordable Justice
Everyone deserves a powerful defense. We’re committed to making fierce, effective representation accessible and affordable.
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With 20 years of legal experience, we’ve honed the instincts, strategy, and grit needed to deliver results—even in the toughest situations.
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When you hire us, you’re under our wing. We take on your burden, reduce your anxiety, and give you the strength of knowing someone has your back.
Strength with Compassion
We combine inner steel with heartfelt empathy. Our clients aren’t just cases—they’re people who deserve to feel protected, supported, and understood.
Relentless Advocacy
We fight for our clients with unshakable determination. Like a pitbull in the courtroom, we don’t back down—ever—until the judge says it’s over.

Common Defenses Against Stalking Charges

A stalking charge doesn’t guarantee a conviction. Several defense approaches can be effective depending on the facts of a particular case.

Challenging the Credible Threat Element
Penal Code 646.9 requires a credible threat, not merely unwanted contact. If the alleged communications or conduct don’t meet the statute’s threshold for a genuine threat, the charge may not hold up.

Disputing Intent
The statute requires willful and malicious conduct. If the contact wasn’t intentional or threatening in nature, or if the complaining party misinterpreted ordinary behavior, that goes directly to this element.

Insufficient Pattern of Conduct
A single incident or isolated contact generally doesn’t satisfy the repeated-conduct requirement. When the evidence doesn’t establish a true pattern of following or harassment, the foundation of the charge is weakened.

Every stalking case turns on its own facts. The right defense strategy depends on the specific evidence, the nature of the alleged contact, and the relationship between the parties.

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How Stalking Cases Move Through San Diego Superior Court

Felony stalking charges in San Diego County are processed through the San Diego Superior Court’s Central Division in downtown San Diego. The case typically begins with an arraignment, where charges are formally presented and bail is addressed. From there, it may move through preliminary hearings, pretrial motions, and, if not resolved earlier, trial. A criminal stalking case may also run alongside a separate civil or domestic violence restraining order hearing, since those proceedings address different legal questions under different standards of proof.

We have been working inside this court system since 2007. That familiarity with how cases are calendared, how prosecutors approach these charges locally, and what arguments carry weight at each stage is built into how we prepare a defense.

Start Your Defense with Lee Law Group DUI & Criminal Attorneys

Stalking charges move quickly once filed. The decisions made early, from arraignment through preliminary hearings, can shape how everything that follows unfolds. Our attorneys don’t like to lose, and we work toward the best possible resolution through thorough preparation and determined advocacy rather than empty assurances about outcomes.

Call Lee Law Group DUI & Criminal Attorneys at (619) 975-2033 or use the online contact form to speak with a stalking charges attorney about your case in San Diego.

Consequences Beyond Jail Time

A stalking conviction can affect far more than the sentence itself. For felony convictions, California and federal law impose a permanent loss of firearm rights, regardless of whether the person ever owned or used a firearm in connection with the case.

A stalking conviction can also appear on background checks, which can affect employment in fields that screen for criminal records, including many licensed professions, government positions, and roles working with vulnerable populations. Non-citizens face a separate and serious concern: a conviction for certain criminal offenses, including felony stalking, can trigger immigration consequences up to and including removal proceedings. Anyone who isn’t a U.S. citizen should make sure their defense attorney understands the potential immigration implications before any plea or resolution is considered.

Contact Lee Law Group DUI & Criminal Attorneys Today!

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