Stalking Defense Attorney in Merced
Nearly Two Decades Defending the Accused in Merced County Courts
A stalking charge moves fast. Before a case reaches court, you may already be facing an arrest, a protective order that disrupts your living situation, and felony-level exposure. I’m Christopher Loethen, and I’ve spent nearly two decades defending the accused in Merced County courts, starting as a public defender and building a practice focused entirely on the defense side. That’s ten thousand cases without once crossing to the prosecution’s table.
If you’ve been charged with stalking in Merced, call me now at (209) 546-6192. I offer free consultations, I’m available 24/7 for legal emergencies, and I handle your case personally from the first call through resolution.
What California’s Stalking Law Actually Requires
California Penal Code 646.9 defines stalking as willfully and maliciously following or harassing another person while also making a credible threat intended to place that person in reasonable fear for their safety or their immediate family’s safety. Both elements must be proven beyond a reasonable doubt before a conviction is possible.
The prosecution must prove:
- You willfully and maliciously harassed or repeatedly followed another person
- You made a credible threat: verbal, written, electronic, or implied by a pattern of conduct, with the intent to cause that person reasonable fear for their safety or their immediate family’s safety
Harassment under the statute requires a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes them and serves no legitimate purpose. “Course of conduct” means two or more acts over any period of time showing continuity of purpose. A single isolated incident generally doesn’t qualify. Constitutionally protected activity, including lawful protest and free speech, is explicitly excluded from the definition.
These cases are highly fact-specific. Stalking allegations frequently arise from breakups, custody disputes, and other charged personal conflicts where the line between persistent contact and criminal conduct is genuinely contested.
Penalties for a Stalking Conviction in Merced County
Stalking under PC 646.9 is a wobbler offense: the prosecution can file it as either a misdemeanor or a felony based on the facts, and that decision has significant consequences for your sentencing exposure.
Misdemeanor stalking carries up to one year in county jail and a fine of up to $1,000. Felony stalking under the base charge carries 16 months, two, or three years in state prison. The charge must be filed as a felony if you have a prior stalking conviction or if the alleged conduct violated an existing protective or restraining order. In the restraining order scenario, the sentencing range increases to two, three, or four years in state prison.
Jail time isn’t the only concern. A sentencing judge may also order sex offender registration under Penal Code 290 following a felony conviction. Stalking is punishable under California’s Three Strikes law as well, meaning a conviction can count as a strike. Cases proceed through the Superior Court of California, County of Merced, which handles both misdemeanor and felony charges. Knowing your full exposure from the start is essential to building an effective defense.
Why Merced Clients Choose My Stalking Defense Practice
I didn’t come from the other side of the courtroom. My career began as a public defender, and I’ve represented only the accused ever since. That background means I read stalking cases the way a prosecutor reads them, and I know where the pressure points may be.
My reputation in Merced County has been built entirely through word of mouth, case by case, over nearly two decades, on serious charges including violent crimes, sex offenses, and strike cases. When you call Law Office of Christopher Loethen, you work directly with me from the first conversation through resolution. No handoffs to a paralegal or an associate. I prepare meticulously and advocate without hedging, because in high-stakes cases, a half-committed defense is no defense at all. I also offer consultations in Spanish for clients who need them.
Start Your Defense Today
The earlier I get involved, the more options may exist. In some cases, intervention before charges are formally filed can affect whether prosecution moves forward at all. Don’t wait to see how things develop.
Consultations are free and confidential. I’m available around the clock, including evenings and weekends, because criminal charges don’t follow business hours. Call Law Office of Christopher Loethen now at (209) 546-6192 to speak with me directly about your stalking case in Merced.
The Go-To Law Firm That People Trust
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Experienced Trial Lawyer
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Handled Thousands of Cases