29th Apr 2022
Stalking is now a criminal offense in every state. Florida’s stalking law defines the crime as repeated harassment that creates a credible threat of harm. A stalker caught in the act can be charged with penalties and injunctions.
Qualifications for injunctions and penalties:
• Previously threatened, harassed, stalked, cyberstalked, or physically abused the petitioner
• Threatened to harm the petitioner, family members or individuals associated with the
• Intentionally injured or killed a family pet;
• Used, or threatened to use, against the petitioner any weapons such as guns or knives; and
• Destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner.
Stalking constitutes a first-degree misdemeanor in Florida, which carries with it a potential prison term of up to one year, one year of probation, and a $1,000 monetary fine. The offender will also be subject to a ten-year injunction, also known as a restraining order. A charge of stalking can also be included with other charges such as breaking and entering and trespassing, if applicable.
According to the Florida Code Section 784.048, the penalties and injunctions for stalking are:
• Judge must impose a minimum sentence of twenty-one (21) months imprison and can impose any additional penalties of:
• Up to five (5) years in prison.
• Up to five (5) years of probation.
• Up to $5,000 in fines.
• Arrest without warrant if probable cause to believe statute is violated.
Stalking is a serious crime and should never be taken lightly. There are serious consequences for committing the act in Florida so if you’ve been involved, targeted or victimized in any form of stalking in Miami then you may want to call an experienced criminal defense attorney for legal advice.