Stalking / Cyberstalking
Stalking or the willful, malicious, and repeated following or harassment of another person is a serious issue in Miami-Dade County, Florida. According to the National Center for Victims of Crime, approximately 6.6 million people are stalked in the U.S. each year.
Under Florida law stalking encompasses a wide array of conduct, including:
- Repeated, frightening, and unwanted presence at the victim’s home, school, or workplace;
- Repeated, undesired, and malicious communication via mail, telephone, and/or email; and/or
- Regular and repeated following or harassment of the victim.
The aforementioned list is not exhaustive. As a result it is important to consult an experienced stalking defense attorney if you are facing stalking allegations or charges.
Miami Stalking and Cyberstalking Defense Attorney
Stalking charges are taken seriously by the Miami prosecutors. There are special investigators and prosecutors, which specifically handle stalking, sexual violence, and domestic violence cases. It is important to consult an attorney with a proven track record of obtaining the best possible result in stalking and cyberstalking cases.
E.J. Hubbs of Hubbs Law is a Board Certified Criminal Trial Lawyer. He diligently defends individuals facing stalking, cyberstalking, and aggravated stalking charges. He will examine every aspect of your case and identify weaknesses in the prosecution’s case.
Contact the Miami stalking defense attorney, E.J. Hubbs of Hubbs Law at (305) 665-9040
or submit an online form to schedule a confidential review of your case.
Hubbs Law proudly represents individual throughout Miami-Dade County, including Miami, North Miami, Miami Beach, Miami Gardens, and surrounding areas.
Florida Stalking Information Center
Stalking Under Florida Law
Under Florida Statute Title 46 Chapter 784.048, stalking is defined as the willful, malicious, and repeated following, harassment, or cyberstalking of another person.
The criminal offense is upgraded to aggravated stalking if the individual engages in the willful, malicious, and repeated following, harassment, or cyberstalking of another person and makes a credible threat.
A credible threat is defined as a verbal threat or nonverbal threat (or combination thereof) that places the victim in reasonable fear for the following:
- His or her safety;
- The safety of his or her family members; and/or
- The safety of person’s closely associated to the victim.
To be considered a credible threat, the individual making the threat must have the apparent ability to carry out the threat to cause harm. It is not required that the individual making the threat had the actual intention to carry out the threat.
Stalking charges may also be upgraded to aggravated stalking under other circumstance, including the age of the victim and violation of a protection order. An individual may be charged with aggravated stalking if he or she stalks or cyberstalks a victim under the age of 16.
Additionally, a person may face aggravated stalking charges if the stalking or cyberstalking occurred in violation or an injunction or protection order against domestic violence, repeat violence, sexual violence, or dating violence.
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Cyberstalking Under Florida Law
In addition to stalking, Florida law criminalizes cyberstalking. An individual may be charged with cyberstalking if he or she engages in a course of conduct to communicate or to cause to be communicated words, images, or language by electronic means such as e-mail or social media.
To be considered cyberstalking the communication must be directed at a specific person, cause substantial emotional distress to that person, and serve no legitimate purpose.
A crucial element of a cyberstalking charge is “course of conduct”. Cyberstalking requires a course of conduct or a series of acts over a period of time. The cyberstalking does not have to persist for a long period of time; however, the actions must show a continuity of purpose.
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Stalking and Cyberstalking Penalties
Stalking and cyberstalking are considered first degree misdemeanors, which is punishable by up to one year in county jail and up to $1,000 in fines.
Aggravated stalking is considered a felony of the third degree, which is punishable up to five years in prison and a fine up to $5,000.
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Florida Stalking and Cyberstalking Resources
The Department of Justice ǀ Office on Violence Against Women- The United States government recognizes stalking and other forms of violence against women, including domestic violence, sexual violence, and dating violence are serious problems. As a result, the government recognizes January as National Stalking Awareness Month and has created the Office on Violence Against Women.
Miami-Dade Office of the State Attorney ǀ Domestic Violence and Stalking Assistance- The Miami-Dade Office of the State Attorney provides educational resources on domestic violence, stalking, and the Florida justice system.
Florida Coalition Against Domestic Violence (FCADV)- FCADV is an advocate for victims of domestic violence and their family members. The FCADV provides victims of domestic violence with a safe living environment, counseling, and other resources.
2400 South Dixie Highway
Miami, FL 33133
Phone: (305) 285-5904
Fax: (305) 250-9161
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Hubbs Law ǀ Miami-Dade Stalking and Cyberstalking Attorney
Hubbs Law diligently defends individuals facing stalking and cyberstalking charges, including the related charges of domestic violence, domestic assault, and child neglect.
Contact Hubbs Law at (305) 665-9040
or submit an online form. Hubbs Law represents clients throughout Florida, including Coral Gables, South Miami, South Miami Heights, Florida City, Miami, and surrounding areas.
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