Florida Stalking Crimes - Orlando Criminal Defense Lawyer

Florida Stalking & Aggravated Stalking Crimes

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Orlando Florida Criminal Lawyer - Stalking Offenses:
Arrests for stalking can result from a number of scenarios, and the penalties
for these offense can vary greatly depending on the circumstances involved.
If you have been arrested for stalking, you should speak with an experienced
criminal defense attorney at your earliest opportunity to learn about your rights
and the defenses that may be available to you.

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation

The following section of this page provides some information regarding stalking offenses:

Stalking is a violation of Florida Statute 784.048 and occurs when someone willfully, maliciously, and repeatedly
follows, harasses, or cyberstalks another person. Stalking is a first degree misdemeanor offense punishable by up
to 1 year in the county jail.

Aggravated Stalking is a violation of Florida Statute 784.048 and occurs when someone willfully, maliciously,
and repeatedly follows, harasses, or cyberstalks another person and any of the following circumstances is present.

1) the defendant makes a credible threat with the intent to place that person in reasonable fear of death or bodily
injury of the person, or the person’s child, sibling, spouse, parent, or dependent.

2) the victim has an injunction against the defendant for protection against repeat violence, sexual violence, or dating
violence, or for protection against domestic violence, or after any other court-imposed prohibition of conduct toward
the victim or the victim's property.

3) the victim is a minor under 16 years or age.

4) the defendant, has been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from
contacting the victim of the offense under s. 921.244

The offense of Aggravated Stalking is a 3rd degree felony punishable by up to 5 years in State Prison.

The following Florida Statures provides some more information about crimes involving stalking.

Florida Statute 784.048 - Stalking; definitions; penalties.

(1) As used in this section, the term:

(a) “Harass” means to engage in a course of conduct directed at a specific person that causes substantial
emotional distress in such person and serves no legitimate purpose.

(b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however
short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of
“course of conduct.” Such constitutionally protected activity includes picketing or other organized protests.

(c) “Credible threat” means a threat made with the intent to cause the person who is the target of the threat to
reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a
person.

(d) “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words,
images, or language by or through the use of electronic mail or electronic communication, directed at a specific
person, causing substantial emotional distress to that person and serving no legitimate purpose.

(2) Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits
the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and
makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person,
or the person’s child, sibling, spouse, parent, or dependent, commits the offense of aggravated stalking, a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any person who, after an injunction for protection against repeat violence, sexual violence, or dating violence
pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any
other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully,
maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated
stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a minor under 16 years of
age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.

(6) Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe
has violated the provisions of this section.

(7) Any person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and
prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows,
harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) The punishment imposed under this section shall run consecutive to any former sentence imposed for a
conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5).

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For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense lawyer and Orange County Florida criminal attorney about your situation or to schedule a Free Initial
Consultation. The Wilson Law Firm represents individuals in criminal defense and DUI cases in the Central Florida
area, including the cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood,
Maitland, Mount Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and
Winter Springs, as well as Brevard County, Lake County, Orange County, Osceola County, and Seminole County,
Florida.