California Stalking Penalties (2026)
Stalking and criminal harassment charges charges in California: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing stalking charges in California, consult a licensed California criminal defense attorney.
California Stalking Penalties
| Offense | Penalty |
|---|---|
| First Offense | Misdemeanor or felony (wobbler): up to 1 year or up to 5 years |
| Second Offense | Felony (repeat or with restraining order): up to 5 years |
CA PC §646.9
Stalking Statute of Limitations in California
In California, the statute of limitations for stalking is generally 3 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in California.
Defending Against Stalking Charges in California
Common defenses in California stalking cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a California criminal defense attorney for advice.
Related California Laws
DUI / DWI
Marijuana Possession
Theft / Larceny
Assault
Domestic Violence
Drug Possession
Burglary
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Illegal Weapons Possession
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Embezzlement
Money Laundering
Public Intoxication