11th Dec 2018
A South Florida criminal defense attorney can explain that there are various types of stalking charges, each that carries with it specific definitions and possible charges.A South Florida criminal defense attorney can explain the differences in these charges and what he or she can do to defend you against them.
Florida law defines the standard stalking charge as the repeated following, harassment or cyber stalking of another person through willful and malicious conduct. To prove this type of case, the prosecutor must show that you acted in a wrongful and intentional manner without having a legal justification. This conduct is directed at a certain person and designed to cause substantial emotional distress. This crime is punishable by up to one year in jail and a fine up to $1,000.
Aggravated stalking is considered a more serious form of stalking. It is punishable by up to five years imprisonment and a fine up to $5,000. Punishment can exceed this amount if the defendant is considered a repeat offender. Aggravated stalking is divided into four categories.
Stalking and Making a Credible Threat
This offense involves stalking, in addition to making a threat that could be carried out that is intended to make the victim fear physical injury or death. The threat can be targeted at the victim, his or her family or a close friend. You must have the apparent ability to carry out the threat.
Stalking a Child Under 16
This crime is based on the age of the victim. The prosecutor must prove the same elements as the traditional stalking charge and that the victim was 15 or younger.
Injunction Violation Aggravated Stalking
This type of stalking involves someone who had a previous domestic violence or other court injunction against you.
Victim of a Previous Crime Aggravated Stalking
This offense occurs when you stalk someone that you were previously convicted of sexually battering, committing lewd lascivious offense on or in the presence of or making prohibited computer transmissions against.