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Understanding laws on stalking in Florida

On Behalf of | Aug 6, 2019 | Criminal Defense, Firm News |

We all have a vague idea of what stalking is. Most of us imagine an instance of stalking to involve one person following another against their will. While this could count as a case of stalking under the law, stalking can happen in a variety of scenarios, especially in the digital age.

If you have been accused of stalking or aggravated stalking in Florida, it is important that you pay attention to the law since there can be legal variations from state to state. By understanding the law better, you will increase your chances of successfully defending yourself.

What is the legal definition of stalking in Florida?

In Florida, stalking is defined as repeated following or harassing. This action needs to be willful and done with malicious intent if it is to be defined as stalking. This behavior could be conducted physically or through persistent phone calls or digital communication.

What is the legal definition of aggravated stalking in Florida?

Aggravated stalking is a type of stalking that involves another action that exacerbates the seriousness of the situation. This could be a situation in which a person stalks another person and creates fear of injury or death in the process. The stalking or harassing of a minor under the age of 16 also counts as aggravated stalking. In addition, if you have been subject to an injunction or any other court order and proceed to engage in stalking, you will also face aggravated stalking charges.

What consequences could I face if I am found guilty of stalking?

If you are found guilty of stalking, you will likely be subject to a misdemeanor of the 1st degree. However, being found guilty of aggravated stalking can be much more serious, since it can lead to a felony of the 3rd degree. This makes it likely that you will face jail time. If you violate an injunction or a protective order, you will face a mandatory minimum sentence of 21 months in prison.

It is vital that you take swift action to defend yourself if you have been accused of stalking in Florida. In many cases, by explaining the nature of your actions, you will be able to show that you are not guilty.

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