Can You Be Charged With Stalking in Florida?

 Posted on July 30, 2026 in Criminal Defense

You can be charged with stalking in Florida based on alleged repeated messages, calls, visits, or online activity, even when there was no physical contact. However, prosecutors must prove every element of the offense, including that the conduct was willful, malicious, repeated, caused substantial emotional distress, and served no legitimate purpose.

If you are facing a stalking accusation in 2026, a Miami, FL stalking defense attorney can review the specific facts of your case and explain how Florida's stalking law applies to you.

What Does Florida Law Consider Stalking?

Florida defines stalking under Florida Statute § 784.048. The law makes it illegal to willfully, maliciously, and repeatedly follow, harass, or cyberstalk another person. 

Harassment, under the statute, means a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. A course of conduct means a pattern of acts that happen over time, even if that time period is short.

Depending on the circumstances, prosecutors may allege a repeated pattern involving:

• Sending unwanted messages or repeatedly calling someone

• Appearing repeatedly at someone’s home or workplace without a legitimate reason

• Following a person in public on several occasions

• Repeatedly communicating about a person online in a way that causes substantial emotional distress

• Allegedly attempting to access someone’s online accounts or internet-connected home devices without permission 

The law does not count constitutionally protected activity, such as lawful picketing or an organized protest, as part of a stalking course of conduct.

When Does Stalking Become a Felony in Florida?

Simple stalking is a first-degree misdemeanor. It can become aggravated stalking, a third-degree felony, in certain situations.

Prosecutors may file an aggravated stalking charge if they allege that the accused person made a credible threat that caused the other person to reasonably fear for their safety or the safety of certain family or household members. The charge can also become a felony if the person keeps stalking someone after a court has issued an injunction or another order against that conduct, or if the alleged victim is younger than sixteen.

Can a Stalking Injunction Lead to Separate Criminal Charges?

An injunction for protection is a civil court order that limits or bans contact between two people. Under Florida Statute § 784.0485, a person seeking protection, called the petitioner, can ask a judge for this kind of order. The person accused of stalking is called the respondent. This civil process is separate from any police investigation and does not require an arrest or criminal charge to move forward.

A judge may issue a temporary injunction without first notifying the accused person. The temporary order can remain effective for no more than 15 days, although the court must extend it when necessary during a continuance of the hearing. Before the hearing, the accused person must receive a copy of the petition, the hearing notice, and any temporary injunction.

Willfully violating that injunction can be a separate crime under Florida Statute § 784.0487, even if the conduct underlying the petition never resulted in criminal charges. Prohibited actions under a stalking injunction include:

• Going to, or being within 500 feet of, the petitioner's home, school, or workplace

• Contacting the petitioner directly or indirectly, including through a third party

• Coming within 100 feet of the petitioner's vehicle

• Committing any new act of stalking against the petitioner

Even one text message may support a separate criminal charge if prosecutors can prove that it willfully violated the injunction’s contact restrictions.

What Penalties Can You Face for a Stalking Conviction in Miami?

Penalties for a stalking conviction depend on the charge level:

• Simple stalking: A first-degree misdemeanor punishable by up to one year in jail or probation and a fine of up to $1,000.

• Aggravated stalking: A third-degree felony punishable by up to five years in prison or probation and a fine of up to $5,000.

Beyond jail or prison time, a conviction creates a criminal record. The sentencing court may also issue an order prohibiting contact with the alleged victim for up to ten years.

Contact a Miami, FL Stalking Defense Attorney Today for a Free Consultation

If you have been accused of stalking, reach out to a Miami, FL criminal defense lawyer who can review the allegations against you. Stroleny Law: Criminal Defense Attorney has close to 400 five-star reviews, offers free consultations,fv and is available 24/7, so you can reach someone any time. Call 305-615-1285 today.