Aggravated Stalking in Florida
The crime of Aggravated Stalking is a Third Degree Felony.
Under Florida Statute Florida Statute 784.048(3), the crime of Aggravated Stalking is committed when a person:
- Willfully, maliciously, and repeatedly;
- Follows, harasses, or cyberstalks another person; and
- Either:
- Makes a credible threat towards the other person;
- The other person is under the age of sixteen (16); or
- The other person has obtained a No Contact order after the defendant was convicted of a sex crime.
Credible Threat
A credible threat is defined as a verbal or nonverbal threat that places another person in reasonable fear for their safety, their family’s safety, or their close associates safety. [1]
Cyberstalking
Cyberstalking is defined as electronically sending words, images, or language to a person that cause substantial emotional distress and serve no legitimate purpose. [2]
Harassment
Harassment is defined as engaging in a course of conduct directed at a specific person, which causes substantial emotional distress in that person and serves no legitimate purpose. [3]
Penalties for Aggravated Stalking
There are three variants of Aggravated Stalking in Florida. And the penalties are based upon what form of Aggravated Stalking a person is convicted of.
Aggravated Stalking with Credible Threat; Aggravated Stalking of Person Under 16
The crimes of Aggravated Stalking with Credible Threat and Aggravated Stalking of Person Under 16 is a Third Degree Felony in Florida and punishable by up to five (5) years in prison, five (5) years of probation, and $5,000 in fines.
Aggravated Stalking with Credible Threat and Aggravated Stalking of Person Under 16 is assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code.
A judge may sentence a person convicted of Aggravated Stalking with Credible Threat and Aggravated Stalking of Person Under 16 to probation, but may also impose a sentence up to the statutory maximum of five (5) years in prison.
Aggravated Stalking after an Injunction or No Contact Order
The crimes of Aggravated Stalking after an Injunction or No Contact Order is a Third Degree Felony in Florida and is punishable by up to five (5) years in prison, five (5) years of probation, and $5,000 in fines.
Aggravated Stalking after an Injunction or No Contact Order is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code.
Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Aggravated Stalking after an Injunction or No Contact Order to a minimum sentence of 21 months in prison, but may also sentence the person up to the statutory maximum of fifteen (15) years in prison.
Defenses to Aggravated Stalking
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Aggravated Stalking are:
First Amendment Activity
It is a defense to the crime of Aggravated Stalking if the conduct the person is alleged to have engaged in is considered constitutionally protected activity, such as picketing or organized protesting. [4]
Legitimate Purpose
If communication with another person is solely made in furtherance of a legitimate pursuit, such as legal, business, or child custody matters, then the communication is presumptively considered legitimate. [5]
As a result, communications made with civility in support of legal, business, or child custody matters will not support an aggravated stalking charge.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Aggravated Stalking in Central Florida or the greater Orlando area, please contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.