The criminal offense of Stalking is the willful, malicious, and repeated following, harassing, or cyberstalking of another person. Aggravated stalking is stalking coupled with a credible threat made with the intent to place the person or his or her spouse, child, parent, or dependent in reasonable fear of death or bodily injury. To prove the criminal offense of Stalking, the State Attorney must prove beyond a reasonable doubt that the criminal suspect willfully, maliciously, and repeatedly followed, harassed, or cyberstalked the victim. “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. “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.
To prove the criminal offense of Aggravated Stalking, the State Attorney must prove beyond a reasonable doubt that the criminal suspect willfully, maliciously, and repeatedly followed, harassed, or cyberstalked the victim, and that the criminal suspect made a credible threat with the intent to place the victim in reasonable fear of death or bodily injury to himself or herself. “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. The State Attorney may also prove that the criminal suspect committed Aggravated Stalking by showing beyond a reasonable doubt that the criminal suspect knowingly, willfully, maliciously, and repeatedly followed, harassed, or cyberstalked the victim, and that at the time of the following, harassing, or cyberstalking, an injunction for protection against repeat, sexual, dating, or domestic violence had been entered against the criminal suspect for the benefit of the victim, or a court had imposed a prohibition of conduct on the criminal suspect toward the victim or the victim’s property. The State Attorney must also prove that the criminal suspect knew that the injunction or court-imposed prohibition of conduct had been entered against him or her. Stalking a victim that was under 16 years of age at the time of the stalking is also a form of Aggravated Stalking.
If you have been charged with Stalking or Aggravated Stalking in Miami, Fort Lauderdale, or another part of Miami Dade County or Broward County, you should consult an experienced competent criminal defense attorney who can represent you in criminal court. Kenneth P. Hassett of Hassett and Associates, P.A. is a criminal defense attorney who represents clients in Miami, Fort Lauderdale, Miami Dade County, and Broward County. Having a criminal defense lawyer to represent you in criminal court is advantageous, especially when charged with serious criminal offenses. Contact Hassett and Associates, P.A. for an immediate free consultation 24 hours per day seven days per week with a Fort Lauderdale Stalking Defense Lawyer if you have been charged with these criminal offenses.
784.048 Stalking; definitions; penalties.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.