I examine each stalking case to determine if it can be dismissed. Hiring an experienced and aggressive stalking defense lawyer is essential. I have defended hundreds of stalking and aggravated stalking cases. My goal is to do whatever is necessary to avoid a conviction. Once hired, I will:

1. Collect and review all State evidence;
2. Identify all possible defenses;
3. Negotiate with your prosecutor for a dismissal or reduced charges;
4. Qualify you for a pretrial diversion program, and
5. Do whatever is necessary to avoid a criminal conviction so your record can be cleared

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Were you lawfully detained and arrested?
• Were you just a minor participant in this incident?
• Were there any witnesses to this incident? Is there any video evidence?
• Were you read your Miranda rights?
• Were any of your statements illegally obtained?
• Are there other factors or motivations that show your lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

WHAT IS STALKING?

Stalking is defined by Florida Statute 784.048 as willful, malicious, and repeated following, harassment, or cyberstalking of another person.

Harassment means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.

Cyberstalking means to engage in a course of conduct to electronically communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person.

PENALTIES FOR STALKING

Under Florida Statute 784.048, the offense of stalking is a first-degree misdemeanor. As a first- degree misdemeanor, the punishment is up to 1 year in jail and up to a $1,000 fine. Other penalties include:

• Probation
• Community Service
• No contact or No Return Provision
• Counseling or Classes

WHAT ARE THE TYPES OF AGGRAVATED STALKING?

There are four types of aggravated stalking under Florida law:

Stalking with a Credible Threat:

• A threat means the defendant made a credible threat against the life of or a threat to cause bodily injury to the victim and the threat was made with the intent to cause the victim to fear for his/her safety; and
• The threat was made with the intent to place the victim in reasonable fear of bodily injury or death to the victim, or the victim’s child, sibling, spouse or parent.

Stalking a Child Under 16 Years Old:

• The offense of aggravated stalking requires the prosecutor to proved the following additional element of the victim is a child under 16 years of age.

Stalking After an Injunction for Protection:

• The defendant committed stalking after an injunction for protection against repeat violence, sexual violence, or dating violence or domestic violence, or after any other court-imposed prohibition of conduct towards the subject person or that person’s property.

Stalking where a Person was Sentenced for a Certain Crime Contacts a Victim:

• The defendant was sentenced for:
  —Sexual battery:
  —Lewd lascivious offenses upon or in the presence of a person under 16 years; or
  —Prohibited computer transmissions view able to children under 16; and
• While the defendant was prohibited from contacting the victim of a previous sentence and the defendant willfully, maliciously, and repeatedly followed, harassed or cyberstalked the previous victim.

PENALTIES FOR AGGRAVATED STALKING

If a defendant is convicted of any of the four types of aggravated stalking, they are committing a third-degree felony which is punishable with imprisonment up to 5 years and a potential fine of up to $5,000. Other sanctions include:

• No contact order
• Community control or supervised probation
• Community service
• Fines and court costs

FLORIDA STALKING AND AGGRAVATED STALKING CASE LAW:

Walker v. Harley-Anderson, 4d19-2216 (Fla 4th DCA 2020) The appellant contends that the trial court erred by admitting text messages showing threats made against the appellee and because the messages were not sufficiently authenticated and should not have been considered by the trial court.

Jacobs v. State, 44 Fla. L. Weekly D1313a (Fla. 2nd DCA 2019) Dual convictions for violation of injunction for stalking are not barred by double jeopardy where there are two distinct acts, here, first yelling at the Victim from across the street and then, after police arrived, yelling “B**h, I’m coming to get you” while pounding on his chest with both fists.

Hegedus v. Willemin, (Fla. 5th DCA 2019) Evidence was insufficient to prove two separate instances of stalking, as required to support issuance of injunction for protection against stalking — Respondent’s act of driving in a parking lot while public event was taking place, in and of itself, was insufficient to establish one of two required incidents of stalking

Call an Experienced Stalking Defense Lawyer

If you have been charged with aggravated stalking or stalking then call my law office at 407-740-7275 for a free consultation.  I am happy to meet with you to discuss the facts of your case and how I can help.  I offer a free no obligation consultation so that I can learn about you, the facts of your case and what I can do to help.