Miami, Florida Stalking Defense Attorney

Lawyer Addressing Charges of Stalking or Cyberstalking in Miami

There are numerous reasons why a person may be accused of stalking. Someone may claim that they were followed, contacted, and harassed, even though the person accused did not know that their actions were unwanted or inappropriate. Some accusations may be based on misunderstandings or mistaken identities, or they may even be made maliciously to damage a person's reputation.

If you are accused of stalking, you may face serious consequences. In Florida, stalking charges can lead not only to criminal penalties, but they can damage your career and your relationships with friends, family, or colleagues. Accusations of stalking may be made in a variety of emotionally charged situations, such as the breakdown of romantic relationships or disputes between acquaintances. Cases often involve conflicting versions of events. Whether the alleged conduct occurred in person or online, stalking charges can result in significant legal and personal challenges.

Stroleny Law: Criminal Defense Attorney has extensive experience defending clients who have been charged with stalking, domestic violence, and related offenses. Our lawyer can investigate the allegations, identify weaknesses in the prosecution's case, and work to protect your rights and your future. He will take steps to resolve your case quickly and efficiently while minimizing the ways your life may be affected.

Florida's Legal Definition of Stalking

Under Florida Statutes § 784.048, stalking involves actions in which a person repeatedly follows or harasses someone purposefully and maliciously. To be charged with this offense, a person does not need to have made physical contact or threats. Persistent and unwanted communication or repeatedly following someone at their workplace, near their home, or in other locations may lead to charges of stalking.

A person's actions may be considered harassment if they take repeated actions that cause someone to suffer emotional distress without any lawful or legitimate purpose for these actions. Stalking charges may involve cyberstalking in which a person is accused of communicating with someone through emails, text messages, social media, or over the internet in a way that causes emotional distress.

Misdemeanor Stalking vs. Aggravated Stalking

Stalking may be charged as a first-degree misdemeanor offense in many cases. A conviction can lead to penalties that may include a jail sentence lasting for up to one year and/or a fine as high as $1,000.

In certain circumstances, a person could be charged with aggravated stalking, which is a felony offense. These charges may apply if a person is accused of making a credible threat against a victim, stalking a child under the age of 16, or continuing behavior that is considered stalking while the victim was protected by an order of protection. In these cases, a person may be charged with a third-degree felony, which could lead to a prison sentence lasting for up to five years and/or a maximum fine of $5,000.

Examples of Behavior That May Lead to Stalking Charges

Some forms of conduct that could result in accusations of stalking include:

• Repeated uninvited visits to a person's home or workplace after being asked to stop.
• Sending frequent text messages, emails, or DMs on social media despite being blocked or told not to make contact.
• Following someone in public or appearing at the same locations as them without being invited.
• Creating fake social media accounts to monitor or contact a former partner.
• Using GPS tracking or surveillance technology to monitor another person's movements.
• Sending unwanted gifts or letters in an attempt to rekindle a relationship after a breakup.

While some of these actions may appear harmless or even romantic to one party, they can be perceived as threatening or distressing to another. Context and intent matter significantly in determining whether behavior may cross the line into criminal conduct.

Potential Defense Strategies in Stalking Cases

There are multiple legal defenses that may be used in cases where a person has been accused of stalking. Our attorney can provide guidance on whether one or more of the following strategies may be effective during a criminal case:

• Legitimate Purpose: Our lawyer may take steps to demonstrate that the accused's actions were related to a lawful reason, such as collecting a debt, pursuing legal action, or conducting a workplace investigation.
• Lack of Malicious Intent: Our attorney may argue that a person's actions were not intended to cause emotional distress and that any contact was made in good faith or that there was a misunderstanding.
• Consent or Mutual Communication: Evidence that the alleged victim consented to contact or that both parties were engaged in voluntary communication before the allegations arose may serve as a defense against stalking charges.
• Mistaken Identity: Our lawyer may take steps to show that a person did not engage in stalking behavior and that they were misidentified or that someone else used their online accounts or identity.
• Inconsistent Testimony: Our attorney can identify contradictions or inaccuracies in the statements made by the alleged victim or other witnesses.
• Procedural Violations: Our lawyer may highlight errors in how law enforcement collected evidence, interviewed witnesses, or made an arrest, addressing violations of a person's constitutional rights.
• Insufficient Evidence: Our attorney may argue that the prosecution has not met the burden of proof to demonstrate that a person engaged in repeated and malicious behavior that could be considered stalking.

A well-prepared defense may lead to reduced charges, the dismissal of charges, or an acquittal at trial. Early intervention by our defense attorney can make a significant difference in the outcome of a case.

Contact Our Miami, FL Stalking Defense Lawyer

When facing accusations of stalking or cyberstalking, taking the right steps during your defense can help you protect your future. These charges can lead to serious consequences, but the right defense strategy can make a crucial difference. Stroleny Law: Criminal Defense Attorney can provide dedicated representation to help address accusations of harassment, stalking, and online misconduct. Our lawyer will work to uncover the facts, challenge questionable evidence, and fight against a criminal conviction. Contact our Miami stalking attorney at 305-615-1285 to set up a free consultation.