Stalking Charges in California

Do you know someone who has been arrested, taken into custody and charged with stalking? — Otherwise known as, California Penal Code Section 646.9 PC. If you require a bail bond for someone arrested on stalking charges, we can help. 

For immediate information regarding bail bonds for stalking charges, or for any other questions call 877-422-4591.

California has a very tough and thoroughly comprehensive law on the books regarding stalking, and it is covered under:

California Penal Code Section 646.9 PC

In the State of California, stalking can be defined as repeatedly following, harassing or threatening (or any combination of the 3) an individual to a point where the individual fears for the safety of themselves or their family.

California’s anti-stalking laws were enacted in response to two high-profile cases in which celebrities were victims of obsessed fans. One of those was the attempted murder of Theresa Saldana in which an obsessed fan stabbed her in 1982. The other was the murder of Rebecca Schaeffer.

The reality of the matter is, though, that while most of the stalking cases heard about by the public are related to celebrities, these cases make up only a small percentage of the total stalking cases throughout the state.

Stalking Charges in California

In order to be convicted of stalking in the State of California, prosecutors must prove that the defendant did a few particular things.

• That the repeated harassment or following was willful and malicious
• That the threats made against a person were credible
• That the threats were made with the specific intent of putting their target in fear of their safety/life or that of their family
• In the case that the victim had a previous restraining order in place against the defendant, its existence must also be proven by the prosecutor

Like many California laws, Penal Code 646.9 PC is known as a “wobbler” because it can be charged as either a misdemeanor or a felony depending on the circumstances of the case. There are two circumstances, however, in which stalking will always be charged as a felony.

1. If the defendant has prior stalking convictions, subsequent stalking charges will always be at the felony level
2. If there was a court-issued order of protection in place in regards to the victim (i.e. a restraining order)

Stalking Penalties

If convicted of a misdemeanor stalking charge, a defendant faces informal probation, up to 1 year in county jail, counseling or a possible stay at a county-run mental hospital, a fine of up to $1000, and a restraining order prohibiting any contact with the victim.

For felony convictions, the penalties are significantly harsher. They include formal probation, sixteen months to 5 years in California State prison, a maximum fine of $1000, counseling and/or a possible stay in a county-run mental hospital, a restraining order prohibiting contact between the defendant and the victim and registration as a sex offender.

There are two factors that can increase the amount of time a defendant convicted of felony stalking will spend in prison. Those factors are

• If the victim was caused “great bodily harm” (a significant injury) by the defendant, an additional 3 to 5 years in state prison can be added to the sentence
• If the defendant is armed at the time he or she committed the offense, an additional 1 to 3 years in state prison can be added to the sentence

The Bail Bond Process

To begin the bail bond process, call one of our professional agents and provide the full name, birth date, and date and time of arrest of the defendant. Once we locate them within the system, we can verify their eligibility for bail and move forward.

Next, you will be required to fill out a few short, simple bail bond application forms and an indemnitor agreement. Once complete, we will dispatch one of our agents to the jail and your friend or loved one will be released a few hours later.

For your convenience, the entire bail bond application process can be done via phone, fax or mail – whatever works best for you, works best for us!

What is an Indemnitor?

When you sign an indemnitor agreement, you’re basically taking financial responsibility for that defendant’s guaranteed appearance in court. If he or she chooses not to attend their court date(s), then you will be responsible for paying the full amount of the bail to the courts.

If a court date is missed, please call us immediately! Often, missed court dates are not a result of an individual willfully attempting to disregard their court responsibilities, but instead are the result of a misunderstanding. Calling us right away can help clear matters up.

Paying for a Bail Bond

Bail is set as per the California Bail Schedule.We will beat any locally advertised price!

We accept major credit/debit cards including Visa, Master Card, American Express and Discover as well as cash, business or personal check, money order, bank account transfer and money wire.

If you need to finance your bail bond, ask us about our flexible payment options designed to meet most any budget.

If you require more information on stalking charges in California, or would like to get the bail bond process begun as soon as possible, please feel free to call us any time of day or night at 877-422-4591.

We’re here to help you 24 hours a day, 7 days a week.