San Diego Criminal Lawyers Blog
On Thursday, September 8, a 22-year-old man was arrested in connection with charges of stalking. The man allegedly was stalking a San Carlos woman who is attending UC San Diego. According to the San Mateo County Sheriff’s Office, Jonathan Derasacosta was arrested for stalking the UC San Diego female student. The Sheriff’s offices also said that this was not the first time that Derasacosta was arrested for stalking the same woman. In 2019, Derasacosta was arrested two times on suspicion of stalking this UC San Diego student.
According to reports, the female student built a relationship with Derasacosta before she traveled to Southern California for school. When the COVID-19 crisis took place government officials decided that some people in jail should be released to reduce the risk of contracting the virus. Derasacosta was one of these individuals who was released in early 2020.
The report of Derasacosta’s actions includes that he went to the victim’s home in San Carlos. While she was taking online classes, she saw Derasacosta use a substance that was red in color, and may have potentially been blood, use it to write her name on a wall. The female victim did not know that Derasacosta moved to San Diego when she started college at UC San Diego.
The actions Derasacosta took resulted in an arrest for suspicion of stalking, committing a felony while on bail, and disobeying a court order. The authorities are asking the public for any information that they can supply.
What is Stalking in California?
California’s penal code 646.9 PC says that the crime of stalking includes following, harassing, and threatening other people so much so that the person you are attacking is concerned for their safety. Stalking in California is considered a wobbler charge, which means that it can be either charged as a misdemeanor or a felony. Time served for a conviction of a California stalking charge can mean you will spend as much as five years in jail or prison.
Some examples of legitimate stalking include:
- Making excessive calls to another party when they have not asked to be called or have asked you to stop. Also, making threatening statements while on the phone.
- Sending unwanted gifts regularly that have threatening notes.
- Disputes with neighbors where you are making threatening statements on a daily or weekly basis about the dispute and your dissatisfaction with their actions or inactions.
To combat charges or stalking some strategies include:
- Downplaying the threat and showing that it was not believable.
- Saying that the plaintiff was making up stories and that the crimes you are being accused of have never happened.
- No intent to cause terror or fear in the plaintiff ever existed.
- You were engaging in behavior that was protected under the constitution.
Speak to a California Criminal Defense Attorney Today
David M. Boertje is a San Diego criminal defense attorney with a history of providing effective legal counsel to many individuals in the greater San Diego area who have been charged with crimes. When you are working with David M. Boertje, you are getting the best legal representation and strategic defense in the area. Call David M. Boertje today to speak with an effective California criminal defense attorney at (619) 229-1870 for our San Diego office or (760) 476-0901 for our Carlsbad location.