Stalking Defense Attorney in Newport Beach

Former Prosecutors. Collaborative Defense. 100+ Years of Combined Experience.

A stalking accusation carries real stakes. Under California Penal Code 646.9, the charge can be filed as a misdemeanor or a felony, and a conviction can follow you for years. At Corrigan Welbourn Stokke, APLC, our practice is dedicated entirely to criminal defense. Every attorney at our firm began their career as a prosecutor, which shapes how we read a case from the moment we review the file.

We take a collaborative approach to every matter. Rather than assigning a single attorney to your case, we draw on more than 100 years of combined criminal defense experience across our entire team. Our firm has earned recognition from Super Lawyers and Martindale-Hubbell, and we represent clients facing stalking charges throughout Newport Beach and Orange County.

If you’re facing a stalking accusation, don’t wait. Contact our Newport Beach stalking defense lawyers at (949) 251-0330 for a free consultation. We’re available 24/7.

Former Prosecutors on Your Side

T. Edward Welbourn served as an Orange County Deputy District Attorney before joining Corrigan Welbourn Stokke, APLC. He knows how the Orange County District Attorney’s Office evaluates harassment allegations, weighs credible threat evidence, and decides whether to charge a wobbler offense as a misdemeanor or felony. That knowledge doesn’t sit in one file. It informs how our entire team approaches a stalking case from the first consultation forward.

Because all of our attorneys began on the prosecution side, we approach defense strategy the way a skilled prosecutor approaches a case file: identifying every element that must be proven and finding where the evidence doesn’t hold up. Our collaborative model means your case benefits from that collective perspective, not just one attorney’s view.

What Prosecutors Must Prove Under Penal Code 646.9

A stalking conviction in California requires the prosecution to establish two distinct elements. First, that the accused willfully, maliciously, and repeatedly followed or willfully and maliciously harassed another person. Second, that the accused made a credible threat with the intent to place that person in reasonable fear for their safety or the safety of their immediate family.

Both elements carry precise legal definitions that matter at trial:

• Harassment: A knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes that person and serves no legitimate purpose.
• Course of conduct: Two or more acts occurring over any period of time, showing a continuity of purpose. Constitutionally protected activity, such as lawful picketing or assembly, is excluded from this definition.
• Credible threat: A verbal or written threat (including one made through an electronic communication device, or a threat implied by a pattern of conduct) made with the intent to place the target in reasonable fear for their safety or the safety of their immediate family, and made with the apparent ability to carry it out. Under Penal Code 646.9, this definition also extends to threats directed at a person’s pet, service animal, emotional support animal, or horse.

Because stalking is a wobbler offense, prosecutors decide at charging whether to proceed as a misdemeanor or a felony. That decision, typically made near arraignment, can significantly shape the consequences you face. Retaining a stalking charges attorney in Newport Beach who understands how that decision gets made is important in the early days of a case.

Penalties for a Stalking Conviction in California

Sentencing ranges depend on how the charge is filed and whether a protective order was already in place. A misdemeanor stalking conviction carries up to one year in county jail and a fine of up to $1,000. Felony charges, or charges involving a violation of an existing temporary restraining order or injunction, carry significantly heavier exposure: two, three, or four years in state prison.

Beyond incarceration, a conviction can bring lasting consequences. A sentencing court may require sex offender registration at its discretion, and it can issue a restraining order against the defendant lasting up to 10 years. These collateral consequences make a thorough defense strategy essential.

How a Stalking Case Moves Through Newport Beach Courts

Stalking charges arising in Newport Beach are prosecuted by the Orange County District Attorney’s Office and heard at the Harbor Justice Center, which handles criminal matters from Newport Beach and Costa Mesa. Arraignment, preliminary hearings, and trial proceedings all take place there.

Retaining a stalking charges lawyer in Newport Beach before the wobbler charging decision is finalized can give your defense an opportunity to address how the case is framed from the start. Welbourn’s experience as a former Orange County Deputy District Attorney gives our team direct insight into how those charging conversations unfold.

Speak with a Stalking Defense Lawyer in Newport Beach

We offer free consultations with no financial obligation. If you were arrested overnight or over a weekend, reach out immediately. Our team is available around the clock and can respond right away when it matters most.

The early hours after an arrest are often the most consequential. Don’t navigate them alone. Call Corrigan Welbourn Stokke, APLC at (949) 251-0330 to speak with our team today.