Central Florida Stalking Attorney

Stalking and the implications that come with it have changed and evolved due to technology and other advancements. For this reason, it is important to know exactly what stalking is and the penalties if found guilty. 

Definition

According to Florida Statute 784.048, stalking can be performed in many different variations and through several actions. It is important to know the different terms and definitions associated with this action. 

• Harassment: An activity that occurs over a period that causes substantial emotional distress to that person and has no real purpose
• Course of Conduct: A series of actions or words that suggest a continuity of purpose
• Credible Threat: When an individual has received a verbal or nonverbal threat, which poses a real and serious danger to that person or people around them. 
• Cyberstalking: Engaging in a course of conduct through an electronic source, such as text, email, or social media. This can also be accessing or attempting to access someone’s accounts to the point where it causes substantial emotional stress. 

Criminal Stalking Charges 

• Stalking:

• • • A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person
    • First Degree Misdemeanor
      • Up to a $1,000 fine
      • Up to a year in prison 

• Aggravated Stalking:

• • • A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person
    • A person who, after a restraining order against repeat violation, sexual violence, dating violence, or domestic violence knowingly, willfully, maliciously and repeatedly follows, harasses or cyberstalks another person
    • Stalking of any child under the age of 16
    • Third Degree Felony
      • Up to a $5,000 fine
      • Up to 5 years in prison

• Cyberstalking:

• A person who communicates, directly or indirectly, through the use of e-mail or electronic communication, directed at or pertaining to a specific person, or to access or attempt to access the online accounts of another person without their permission, causing substantial emotional distress to that person and serving no legitimate purpose
• First Degree Misdemeanor
• Up to $1,000 fine
• Up to a year in prison

Aftermath of Charges

Having a stalking or aggravated stalking conviction on your record not only can be embarrassing but it can also be detrimental in finding or keeping employment. All efforts should be made to avoid having this type of conviction on your criminal record. Convictions of this type are public record and may be easily discovered with an online search.

Defense

If you have been arrested for stalking, your best course of action would be to get in touch with experienced Orlando criminal defense attorney Brandon Gans. We will look into your case and how to best defend you. There are many possible defenses to stalking, however, each case is unique. Call our law firm now for a free consultation.