What is Stalking in Florida?

Many people think that stalking is a minor offense in Florida, but it is not. In fact, some people engage in the behavior and do not think they are doing anything wrong. They do not know any differently until they are charged with a crime. Below, our Fort Lauderdale criminal defense lawyer outlines the definition of stalking, the penalties associated with a conviction, and more.

Stalking Defined by Florida Law

Florida law defines stalking as repeatedly and maliciously following or harassing another person. Stalking is a pattern of activity directed at a specific person, but with no legitimate purpose, in a manner that makes the victim feel threatened. Stalking can also include using electronic devices, which is known as cyberstalking. Some common examples of stalking include:

Regularly following someone.
Making threats, verbally or nonverbally, to harm someone or their family.
Repeatedly contacting the victim without a valid reason, such as sending numerous emails, texts, or voicemails. Even calling someone repeatedly from a blocked number could qualify.
Regularly damaging someone’s personal property.
Leaving unwanted notes or gifts.

Engaging in any of the above activities using electronic devices can result in cyberstalking charges. Additionally, accessing another person’s home electric systems or online accounts can also result in stalking charges.

There are also certain instances in which a stalking charge might be elevated to aggravated stalking, such as:

The alleged victim has a restraining order against you
The victim is 15 years old or younger
Credible threats were made to the alleged victim
You were convicted of committing sexual battery against the alleged victim

Penalties for Stalking

The penalties for stalking vary depending on the different factors involved in a case. Cyberstalking and simple stalking are classified as first degree misdemeanors. These offenses are punishable by up to one year in jail and a $1,000 maximum fine, or both. On the other hand, aggravated stalking is classified as a third-degree felony, which carries penalties up to five years in Florida State Prison and a maximum fine of $5,000.

In addition to the above penalties, you will also have a permanent criminal record. This can make obtaining gainful employment, housing, and even academic opportunities more difficult. Along with this, you will also most likely have a no-contact order entered against you. This can impact your relationships, as you will likely be prohibited from contacting the alleged victim, and perhaps even your children. It is critical to speak to a Fort Lauderdale criminal defense lawyer who can advise on the strategies that can help you retain your freedom.

Call Our Criminal Defense Lawyer in Fort Lauderdale for Help with Your Case

Stalking may not seem like a very serious offense, but it is. A strong defense is necessary to ensure you do not face the harsh consequences associated with a conviction. At Haber Blank, our Fort Lauderdale criminal defense lawyer can advise on the strategies that can help your case, ensure your rights are protected, and give you the best chance of a positive outcome. Call us today at 954-767-0300 or chat with us online to schedule a consultation with our experienced attorney and to learn more about how we can help.

Source:

m.flsenate.gov/statutes/784.048