Stalking can take several forms that could see alleged perpetrators charged with a misdemeanor or a felony offense. The legal punishments for stalking can range from steep fines to jail time, or both, so these are never charges that you should try to face on your own.
Our domestic violence attorneys regularly defend clients dealing with various types of stalking charges in Orlando. We can step in from the earliest stages of your case and conduct an independent investigation into the underlying situation. We can also examine the evidence in the prosecutor’s case to detect flaws or loopholes, and formulate a solid defense strategy accordingly.
Florida law defines stalking as repeatedly, maliciously, and willfully harassing, cyberstalking, and/or following another person. While following or otherwise harassing another person repeatedly can lead to stalking charges, the accused does not have to be physically in the presence of the other person to be charged with stalking them. An individual can be charged with stalking for repeatedly calling another person’s home or place of business without a legitimate purpose, causing distress to the other person.
Likewise, a person can be charged with cyberstalking if they repeatedly communicate with another person online without a legitimate reason for doing so, whether using social media, emails, or text. Cyberstalking can also occur when someone accesses or tries to access another person’s online accounts without their permission. If any of these actions transpire and the alleged victim consequently suffers emotional distress, the charge of cyberstalking may apply.
Other actions that can lead to stalking charges include vandalism of another person’s property, videotaping or photographing someone without their knowledge, or collecting information about someone without their permission. There are several types of stalking charges that someone can be charged with in Orlando. These include simple stalking, child aggravated stalking, credible threat aggravated stalking, and injunction violation aggravated stalking.
If a person is charged with simple stalking in Orlando, the offense is generally classified as a first-degree misdemeanor. Legal punishments for a first-degree misdemeanor can include 12 months in jail, plus financial penalties of up to $1,000. If someone is accused of stalking a child or stalking someone in violation of an existing injunction, they can be charged with a third-degree felony. Credible threat aggravated stalking, which involves stalking someone and placing them in fear of injury or death, is also a third-degree felony offense.
In Florida, a third-degree felony carries legal punishments including up to $5,000 in fines plus up to five years in jail. The age of the alleged victim and the presence of other aggravating factors such as a prior criminal record can potentially increase the penalties attached to a stalking charge, which may be determined at the judge’s discretion. If you are being investigated or have been charged for alleged stalking, it is important that you have an experienced legal team to build a quality defense on your behalf.
There may be numerous viable defenses that could be deployed against a specific stalking charge. For example, if the contact in question was carried out for a legitimate purpose, the prosecution may not be able to meet its burden to prove all the elements of the alleged crime beyond a reasonable doubt. A case of mistaken identity, false allegations, lack of intent, or flawed evidence could also be possible defenses. If the accused was engaged in any kind of protected actions, such as those that fall under First Amendment safeguards, this could also be a viable path to getting a stalking charge reduced or dismissed.
If you have been accused of any of the numerous types of stalking charges in Orlando, you need to speak with a knowledgeable criminal attorney as soon as possible. We can advise you on the proper course of action and preserve your legal interests.
Representing yourself can be expensive and time-consuming. We have the experience and resources to build the right defense, navigate the legal system, and leverage all available resources to protect you from serious penalties. Contact our office today to receive your legal consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
