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What if I got arrested for stalking, what does the prosecution need to prove and what is the punishment?

By Walin & Klarich

To prove that the defendant is guilty of this crime, the People must prove that: 1. The defendant willfully and maliciously harassed or willfully, maliciously, and repeatedly followed another person;and2. The defendant made a credible threat with the intent to place the other person in reasonable fear for her safety or for the safety of her immediate family. Harassing means engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose. A course of conduct means two or more acts occurring over a period of time, however short, demonstrating a continuous purpose. Under penal code section 646.9(a), this crime is considered a wobbler, which means that the district attorney will have discretion in filing the case as a felony or misdemeanor...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 16, 2011 (boomark / email).