When a relationship ends, one party may harbor resentment. In some cases, an obsession leads one person to attempt to stay in connect with another person even when it becomes clear that the contact is not longer wanted. Often the line between acceptable contact and stalking is difficult to define.
In some cases, the alleged victim will make a false or exaggerated accusation just to seek revenge against the person accused. Any other cases, false or exaggerated accusations are made to gain an advantage in an upcoming or anticipated divorce or child custody hearing.
A law enforcement office can make an arrest for stalking or aggravated stalking without a warrant if the officer has probable cause that the offense occurred. This often means that the arrest is made after an accusation by the alleged victim, even if no other information supports the accusation.
Tallahassee Stalking Defense Attorney
When an accusation of stalking is alleged, the person accused should contact an attorney immediately. The first step is stopping all contact if even the complaining witness attempts to resume communication. An allegation can lead to a criminal charge for misdemeanor or simple stalking or the more serious felony versions of the stalking statute for making a credible threat or stalking after an injunction is entered. The courts often attach "no bond" conditions to the felony charges or the court could set a very high bonds. Contact an attorney early in the case so all avenues of defense are preserved.
Contact a criminal defense attorney experienced in defending men and women who have falsely been accused of stalking or aggravated stalking in Tallahassee, Leon County, or the surrounding Big Bend areas of Bristol in Liberty County, Quincy in Gadsden County, Crawfordville in Wakulla County, and Monticello in Jefferson County, Florida. Our lawyers are read to discuss what you need to do today to protect yourself after an accusation of stalking or aggravated stalking has been made against you.
Florida Stalking Information Center
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Florida's Misdemeanor Simple "Stalking" Statute § 784.048(2)
Under Florida's Stalking Statute § 784.048(2), the offense is a first degree misdemeanor punishable by up to 12 months in jail and a $1,000 fine. In order to prove the offense of stalking at trial, the prosecutor with the State Attorney's Office must prove beyond all reasonable doubt that the Defendant repeatedly, maliciously, and willfully either harassed, followed or cyberstalked the alleged victim.
- Definition of "Harass" - Florida's stalking statute defines the term "harass" to mean engaging in a pattern of conduct that is:
- directed at a specific person;
- causes that person substantial emotional distress; and
- serves no legitimate purpose.
- Definition of “Maliciously” - Florida's stalking statute defines the term "maliciously" to mean without legal justification, without legal excuse, intentionally and wrongfully.
- Definition of "Cyberstalk" - Florida's stalking statute defines the term “cyberstalk” to mean engaging in a pattern of conduct that:
- communicates or causes to be communicated;
- language, images, or words;
- by or through the use of electronic communications (such as text messages, e-mail, social media, blogs, internet forums, or other on-line or internet website content);
- directed at a specific person;
- which causes that person substantial emotional distress; and
- the communications serve no legitimate purpose.
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Florida's Felony Aggravated Stalking Statutes
Florida law provides for two different ways of proving a felony version of stalking. Stalking may rise to the level of aggravated stalking if the unlawful contact involves a "credible threat" of death or bodily injury, or if the unlawful contact occurs after a protective order or injunction is ordered. Aggravated stalking can also be alleged if the alleged victim is a minor child under the age of 16 years old.
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Credible Threat - Florida's Aggravated Stalking Statute under § 784.048(3)
Under Florida's Stalking Statute § 784.048(3), the offense of aggravated stalking after a credible threat is made is a third degree felony punishable by up to five (5) years in Florida State Prison and a $5,000 fine. In order to prove aggravated stalking at trial, the prosecutor with the State Attorney's Office must prove the following elements beyond all reasonable doubt:
- The Defendant repeatedly, maliciously, and willfully;
- Harassed, followed or cyberstalked the alleged victim;
- The Defendant communicated a credible threat with the intention of putting the victim in reasonable fear of bodily injury or death to the alleged victim or the victim's child, dependent, sibling or spouse.
Florida law defines the term “credible threat” to mean a threat to cause death or bodily injury made with the intention of putting the victim in reasonable fear of his or her safety. The standard jury instructions, approved in 1995, for the aggravated stalking statute provides for the category one lesser included offense of simple stalking under § 784.048(2). Category two lesser included offense can include attempted stalking under Florida Statute § 777.04(1), Simple Assault under Florida Statute § 784.011, and Improper exhibition of dangerous weapon under Florida Statute § 790.10.
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After Injunction or Protective Order - Florida's Aggravated Stalking Statute under § 784.048(3)
Under Florida's Stalking Statute § 784.048(4), the offense of aggravated stalking after an injunction or protective order is entered is a third degree felony punishable by up to five (5) years in Florida State Prison and a $5,000 fine. Under Florida Statute § 784.048(4), the prosecutor with the State Attorney's Office must prove the following elements beyond all reasonable doubt:
- The Defendant repeatedly, maliciously, and willfully;
- Harassed, followed, or cyberstalked the alleged victim;
- At the time of the stalking one of the following was true:
- Injunction - either an injunction for protection (protective order) against domestic violence, dating violence, sexual violence or repeat violence had been entered against the Defendant for the benefit of the alleged victim; or
- Court-imposed prohibition of conduct - a court had imposed a court order which prohibited the Defendant from doing certain acts towards the victim's property or having certain communication with the victim while the order was in place; and
- The Defendant knew that the court-imposed prohibition of conduct or the injunction had been entered against him.
According to the aggravated stalking standard jury instruction adopted in 1995, the category one lesser included offense includes misdemeanor or simply stalking under Florida Statute Section 784.048(2). Category two lesser included offenses can include the misdemeanor offenses of violation of injunction for protection against domestic violence under Florida Statute § 741.31(4) or violation of injunction for protection against repeat, sexual, or dating violence under Florida Statute § 784.047.
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Stalking a Minor Child under the Age of 16 Years Old under Florida Statute § 784.048(3)
If the alleged victim of the stalking incident is under the age of 16 years old, then the offense will be charged as a felony for aggravated stalking instead of a misdemeanor or simple stalking offense. Aggravated stalking related to unlawful contact with a child under the age of 16 is a third degree felony punishable with five (5) year in Florida State Prison and a $5,000 fine.
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Related offenses - Harassment with Written Threats to Kills or Inflict Bodily Injury under Florida Statute § 836.10
One criminal offense that is related to stalking or aggravated stalking involves the crime of harassment through making written threats to kill or inflict bodily injury. This harassment felony is a second degree felony punishable with up to fifteen (15) years in Florida State Prison or a $5,000 fine. The crime requires the prosecutor to prove beyond all reasonable doubt the following elements:
- The Defendant composes and writes
- Then sends or causes the communication to be sent;
- Any inscribed communication or letter;
- Written or composed;
- Whether signed by the sender or signed anonymously; and
- Which contains a threat to do bodily injury or kill either the person to whom the letter is sent or that person's family member.
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Florida Stalking Resources
Florida's Stalking Laws - Read the text of Florida's stalking laws. Read more about stalking with information, statistics, stories and more from AARDVARC.org (An Abuse, Rape and Domestic Violence Aid and Resource Collection).
Stalking Resource Center for Florida - read more about stalking and the related offenses of voyeurism under Florida Statute Section 810.14, video voyeurism under 810.145, and written treats to kill or commit bodily injury.
Florida State University (FSU) Stalking Information for Students - any allegation of stalking, aggravated stalking, assault, battery, or sexual assault or battery (rape) and lead to disciplinary action against the college or university student including suspending or expelling the student from the campus for Florida State University (FSU). FSU's internet website includes description of stalking and domestic violence crimes, who is the stalker, red flag behavior, common responses, and information on what to do if you are being stalked including filing a restraining order or the University Judicial process.
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The Law Offices of Don Pumphrey, Jr. - Aggravated Stalking Defense Lawyer in Tallahassee
Contact a criminal defense lawyer at the Law Offices of Don Pumphrey, Jr. Our lawyers are experienced in defending men and women who have falsely been accused of stalking, aggravated stalking or harassment in Tallahassee, Leon County, or the surrounding areas in North Florida including Monticello in Jefferson County, Bristol in Liberty County, Crawfordville in Wakulla County, and Quincy in Gadsden County, Florida.
Talking to an experienced domestic violence defense attorney in Tallahassee about a stalking or harassment accusation is the only way to gain valuable advise on what you need to do today to protect yourself against the serious accusation.