Stalking and Threats are often, but not exclusively charged as part of domestic violence cases.
Stalking
is defined as “Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another
person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of
his or her immediate family”
Threat
sometime misnomered at “terrorist threats” are defined as “Any person who willfully threatens to commit a crime
which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in
writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying
it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as
to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that
person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety”
Stalking and Threats are generally though not exclusively charged in relation to domestic violence cases. Both can be charged either as a felony or a misdemeanor. Felony convictions for threats are strikes.
| Copyright © 2008 The Law Offices of C. Zadik Shapiro. All rights reserved. |