Orlando Aggravated Stalking Attorney
As set forth in Florida Statute Section 784.048(3), aggravated stalking is a third degree felony offense an individual may be charged with if he or she is accused of following, harassing, or cyber stalking another person in a way that is repetitious, malicious, or willful, and who makes a credible threat with the intention of placing that individual or his/her child, sibling, spouse, parent, or dependent in reasonable fear of bodily injury or death. Aggravated stalking may also occur when someone violates probation, a restraining order, condition of pretrial release, injunction, and in many other ways as well.
As aggravated stalking lawyers, we know that individuals are often wrongly accused of this serious crime, and that the criminal penalties for those found guilty are extremely harsh. If you have been arrested, charged, or are under investigation, we urge you to call our firm immediately for compassionate, effective legal guidance and representation. Our criminal defense attorneys are committed to fighting the allegations against our clients aggressively, and working diligently to minimize both the criminal punishment, and damage to your career/reputation. Ultimately, we hope to have charges dismissed, or have our client acquitted. Regardless, we will work to achieve the very best outcome possible in your situation.Defenses to Aggravated Stalking in Florida
The defense your aggravated stalking attorney chooses to use depends on the facts of your case. Some of the defenses used to prevent a conviction include:
- Insufficient evidence - in many cases, the evidence presented by prosecutors is not adequate to support a conviction.
- First amendment activity - engaging in an activity such as organized protesting or picketing is protected under the Constitution, therefore first amendment activity may be an effective defense depending on the conduct you allegedly engaged in.
- Legitimate purpose - a legitimate purpose includes communicating with another person for the purpose of furthering a child custody issue, or business or legal matter. Civil communications in support of these matters is not supportive of a stalking allegation.
These are just a few examples of defenses which may be used in specific situations. Our aggravated stalking lawyers will thoroughly investigate the facts of your case, and work diligently to challenge the evidence, demonstrate inconsistencies, uncover false allegations, or prove that the alleged victim overreacted in the situation.Criminal Penalties for Aggravated Stalking in Orlando and Central Florida
In Florida, aggravated stalking typically occurs in one of three ways: credible threat, cyber stalking, or harassment. The minimum penalties a defendant may incur depend on what type of aggravated stalking the accused is found guilty of.
Maximum penalties include:
- A maximum of five (5) years in prison
- A maximum of five (5) years probation
- Fines of up to $5,000
The judge may impose any or all of these penalties.Contact Adams & Luka Immediately
As you can see, aggravated stalking is a very serious offense that could result in prison time and substantial fines. Our top priority is to provide clients with a vigorous, effective defense in order to prevent a conviction. We urge you to contact our office now at (407) 872-0307 or (352) 787-2101 so that work can begin on your case.