MIAMI Stalking ATTORNEY

Stalking is defined in the State of Florida as "willfully, maliciously, and repeatedly following, harassing or cyber stalking" another. Stalking behaviors can consist of many things-actual physical following of a person, continuously calling or texting, e-mailing, leaving notes or sending letters, leaving or sending objects or "gifts"...essentially, a pattern of unwanted behavior with malicious intent. Stalking involves a pattern of behavior that causes substantial emotional distress to a specific person with no legitimate purpose.

Under Florida law, stalking is a first-degree misdemeanor charge. However, a person may be charged with Aggravated Stalking, which is a third degree felony charge, under any of the following circumstances:

• If the offender stalks a minor who is under the age of sixteen (16).
• If the offender makes a "credible threat" of bodily injury or death against the victim as part of the behaviors exhibited, with the intent to cause the victim to reasonably fear for his or her safety.
• If the victim has an injunction for protection or other court-ordered prohibition of conduct by the offender toward the intended person or that person's property, and the offender persists with the pattern of behaviors.

Penalties of Stalking

Per Florida statute 784.048, if you are convicted of stalking you can be charged with a first degree misdemeanor, punishably by a year in jail. If the actions are severe enough you may be charged with aggravated stalking (a third degree felony) punishable by up to 5 years in Florida State Prison and a $5,000 fine.

Defenses to Stalking

Oftentimes claims of stalking can be exaggerated by the alleged victim misrepresenting the frequency of interaction or the existence of a ‘credible’ threat from the actions of the individual. Our experienced lawyers will evaluate the circumstances of your case to ensure that the alleged victims claim meets the requirements set forth by this complex statute. Bringing forth charges of stalking is often the result of one party seeking leverage during the course of a divorce or domestic dispute and it is our job to make it clear that if there was in fact communication it served a clear and legitimate purpose and was not intended as harassment.