Stalking

Stalking Charges in Florida

Stalking is a serious offense in Florida and one of the broadest crimes under state law. Prosecutors often rely on this charge when other crimes are hard to prove. Stalking cases typically arise from domestic disputes, unwanted contact, or harassment following a breakup.

Under Florida Statute 784.048, the State must prove beyond a reasonable doubt that the defendant willfully, maliciously, and repeatedly followed, harassed, or cyberstalked another person.

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Definitions Under Florida Law

The statute further defines key terms:

• Harass: Engaging in a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.

• Course of conduct: A pattern of behavior over time that shows continuity of purpose. Constitutionally protected activity such as protests or picketing is excluded.

• Credible threat: A threat made with the intent to make someone reasonably fear for their safety.

• Cyberstalk: Using electronic communication to cause emotional distress without legitimate purpose.

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Intent and Repetition Are Key

To convict someone of stalking, the prosecution must prove the behavior was repeated and carried specific intent. Even just two phone calls may qualify as stalking if the State believes they were made in a harassing manner. However, this is a specific intent crime, meaning the defendant must have intended to stalk or harass the other person.

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Stalking Defense Strategies

Defending against stalking charges involves challenging the prosecution’s ability to prove:

1. The identity of the person making the contact.

2. That the contact was made with malicious intent.

3. That the behavior meets the threshold of harassment or cyberstalking.

In some cases, behavior may fall under free speech protections. For instance, our office successfully defended a client arrested while protesting in Orange County. The case was eventually dropped after extensive litigation.

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Get Legal Help Today

If you’ve been arrested for stalking, aggravated stalking, or cyberstalking in Sanford, Orlando, Winter Park, or anywhere in Central Florida, contact Criminal Defense Attorney Ryan Yadav. We’re available 24/7 and offer free consultations to discuss your case and protect your rights.