Stalking and Aggravated Stalking In Tampa, Florida

Stalking and Aggravated Stalking In Tampa, Florida

Types of Stalking Offenses in Tampa, Florida:

 

STALKING IN FLORIDA

To prove the crime of Stalking in Florida, the prosecutor must prove that the accused willfully, maliciously, and repeatedly followed or harassed or cyberstalked the victim.

What does the term “harass” mean?

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

What are the maximum penalties in a Stalking in Florida case?

Stalking in Florida is a first-degree misdemeanor punishable by a maximum of:

  1. One year of imprisonment
  2. A $1,000.00 fine
  3. 12 months of probation

Possible Defenses to a Stalking in Florida Charge

  1. The Witnesses are Lying

Alleged victims and witnesses in a Stalking in Florida case sometimes make false accusations because they have a motive to lie.  For example, child custody issues, cheating in a relationship, and other conflicts can motivate a person to make things up or exaggerate.  A Defense Attorney can expose these motivations and attack false allegations.

  1. Insufficient Course of Conduct

In a Stalking in Florida case, Florida Law requires the prosecutor to prove that the accused engaged in a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.  Therefore, if a stalking charge is based on one single event, the case should be dismissed.

  1. There Was a Legitimate Purpose for the Contact

In a Stalking in Florida case, Florida Law requires the prosecutor to prove that the accused had no legitimate purpose for his conduct.  However, let’s suppose that the accused was contacting the alleged victim regarding some legitimate matter – such as repayment of a debt or a child custody issue.  In cases such as these, there is a defense that the accused’s conduct was for a legitimate purpose.

 

AGGRAVATED STALKING IN FLORIDA

To prove the crime of Aggravated Stalking in Florida, the prosecutor must prove:

  • 1. The accused willfully, maliciously, and repeatedly followed or harassed or cyberstalked the victim.
  • AND
  • 2. a. The accused made a credible threat to the alleged victim.
  • OR
  • b. There was an injunction or no contact court order and the accused knew it.
  • OR
  • c. At the time of the accused’s actions the victim was under 16 years of age.

What does the term “harass” mean?

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

What are the maximum penalties in an Aggravated Stalking in Florida case?

Aggravated Stalking in Florida is a third-degree felony punishable by a maximum of:

  1. Five years of imprisonment
  2. A $5,000.00 fine
  3. 5 years of probation

Possible Defenses to an Aggravated Stalking in Florida Charge

  1. The Witnesses are Lying

Alleged victims and witnesses in an Aggravated Stalking in Florida case sometimes make false accusations because they have a motive to lie.  For example, child custody issues, cheating in a relationship, and other conflicts can motivate a person to make things up or exaggerate.  A Defense Attorney can expose these motivations and attack false allegations.

  1. Insufficient Course of Conduct

In an Aggravated Stalking in Florida case, Florida Law requires the prosecutor to prove that the accused engaged in a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.  Therefore, if a stalking charge is based on one single event, the case should be dismissed.

  1. There Was a Legitimate Purpose for the Contact

In an Aggravated Stalking in Florida case, Florida Law requires the prosecutor to prove that the accused had no legitimate purpose for his conduct.  However, let’s suppose that the accused was contacting the alleged victim regarding some legitimate matter – such as repayment of a debt or a child custody issue.  In cases such as these, there is a defense that the accused’s conduct was for a legitimate purpose.

Are you looking for the best stalking and aggravated stalking lawyer in Tampa Florida? Contact Attorney David C. Hardy.

Tampa Criminal Defense Attorney David C. Hardy is a former prosecutor that now represents persons accused of stalking or aggravated stalking in Florida.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of stalking or aggravated stalking.

If you or a loved one has been arrested for stalking or aggravated stalking in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, contact Attorney David C. Hardy. He has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.