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IS STALKING CONSIDERED A SERIOUS FELONY ? MY SON IS CHARGED WITH THIS AND IS DOING PAROLE VIOLATION FOR VIO A 10YR RESTRAING ORD

Apple Valley, CA |

IF HE IS CONVICTED OF THIS HOW MUCH TIME IS HE FACING? WHAT THE SO CALLED CRIME CONSISTED OF IS A FEW LETTERS AND SOME GIFTS, HE SUFFERS WITH MENTAL PROBLEMS, AND GET OVER THIS GIRL, HAS NOT IN ANY WAY THREATEND HER JUST IN HIS EYES THINKS HE CAN RECONCILE THINGS WITH HER EVEN IF HE HAS TO BE SINGLE THE REST OF HIS LIFE. HE IS CURRENTLY AWAITING A TRANSFER TO ATASACADERO STATE MENTAL HOSPITAL DUE TO HIS PERSISTANT ATTEMPTS TO COMMITT SUICIDE. THE STALKING CHARGE CAME FROM HIM SENDING HER A LETTER ASKING FORGIVENESS AND SOME GIFTS. HE DIDNT THREATEN HER OH HARM HER IN ANY WAY, JUST DOESNT REGISTER THE REALITY OF THE RESTRAINING ORDER. I AM CONCERNED ALSO WITH THE ISSUE OF PRISON PRIORS AND ENHANCEMENTS. I CANNOT AFFORD COUNSEL AND I HAVE MAJOR HEART PROBLEMS HE IS 28YRS OLD PLEASE HELP TK U

Attorney Answers 1


  1. None of the Penal Code statutes under which he could be charged are "serious felonies" as defined in PC 1192.7(c). The most probable statute he could be charged with PC 646.9 which is a "wobbler," which means it can be prosecuted either as a misdemeanor or a felony, but not a serious felony. The time he might be required to serve could be increased if he has also violated a restraining order. Even if he has both stalked and violated a restraining order his outside exposure is 4 years in state prison (of which he'd serve half) and no strike or serious felony label.

    If he's been sent to Atascadero he may well not be incompent to stand trial or may be mentally impaired enough that his punishment is reduced.

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