The California domestic violence crime of stalking is a wobbler offense, meaning it can be classified as a misdemeanor, punishable by up to one year in county jail and up to a $1,000 fine or a felony, punishable by up to one year in the state prison. The presence of aggravating factors in the alleged incident will incite a much harsher sentence. Similarly, if the defendant has prior convictions for stalking or other specified crimes, he or she would face an increased sentence as well. One of the most devastating penalties in a stalking conviction is the requirement to register as a sex offender.

In response to a growing number of incidents of domestic violence, California developed a technical and punitive set of laws intended to deter this type of abuse. The state has defined intimate partners as boyfriends, girlfriends, spouses, divorcees, cohabitants, and people who have children together. The couples may be homosexual or heterosexual. If a person follows or harasses and threatens his or her intimate partner with the intention of placing that partner in fear, he or she may be charged with stalking.

A person convicted of specific crimes involving sexual abuse will have to register as a sex offender in California. The law permits a certain amount of discretion by the court in determining whether or not such a requirement is warranted. If, at the time of conviction or at the time of sentencing, the court determines that the defendant committed his or her offense as the result of sexual compulsion or for the purpose of sexual gratification, it may require the defendant to register as a sex offender. The court must be clear regarding its reasons for ordering the requirement.

Once an individual is required to register as a sex offender in California, the requirement lasts for life as long as he or she is going to school in the state, working in the state or living in the state. Upon registering, the defendant must pay $200 for a first conviction and $300 for a second conviction into a Department of Justice general fund. This money is in addition to any fines that were imposed in the D.V. stalking case.

The convicted defendant must personally register his or her primary address in addition to any other residential addresses to the local law enforcement agency within five days from when the requirement was ordered. If the defendant attends a college or university, he or she must register with the campus police. In the event that an individual lives in another state but is employed in California, he or she must register the same as if the primary residence was in California. If the defendant is a registered sex offender in another state and works or goes to school in California, he or she must also register with California’s local authorities. A change of address or name change must be reported immediately. A move outside of California may mean registering as a sex offender in the new state. Any failure to strictly adhere to any of these requirements within the time allowed will lead to additional criminal charges, punishable as a misdemeanor by up to one year in jail if the original stalking charge was filed as a misdemeanor or punishable as a felony by either 16 months in the county jail or two or three years in the state prison if the original stalking charge was prosecuted as a felony.

A stalking charge is serious, especially when the circumstances surrounding the incident may cause a court to force the defendant to register as a sex offender. If the prosecution secures a conviction, the defendant will experience life changing legal consequences. Anyone accused of stalking should employ a good criminal defense lawyer who has experience in domestic violence law. Attorneys at The Kavinoky Law Firm have protected many clients from the harsh penalties that accompany an intimate partner abuse conviction. They can help develop an effective defense to minimize sentencing and lower the chances that the court will require the defendant to register as a sex offender. Contact the firm today and speak with a qualified legal professional who can discuss your options.