Stalking / Aggravated Stalking
Stalking is a serious charge in Pinellas County, Florida. Even if you do not intent to scare or harm someone, a charge of stalking can be brought against you if you give someone unwanted attention. It is important to contact a St. Petersburg criminal defense attorney right away if you have been accused of stalking or aggravated stalking. Sometimes these charges are false allegations, and it is not fair to be punished for something that you did not do or for a misunderstanding.
St. Petersburg Stalking Defense Attorney
If you have been accused of stalking or aggravated stalking in St. Petersburg or Pinellas County, Florida, then you need to contact the Morris Law Firm. Melinda Morris is a former prosecutor who has had experience prosecuting many different cases so she has insight when it comes to defending criminal cases such as stalking. Contact her at (727) 388-4736 for a consultation about your stalking or aggravating stalking charges.
What is the difference between stalking and aggravated stalking?
Under Florida’s Criminal Code §784.048, stalking is defined as “repeatedly following, harassing, or cyberstalking an individual.”
Aggravated stalking is defined as “repeatedly following, harassing or cyberstalking an individual with the intent to place that person in reasonable fear of death or bodily injury.” You can be guilty of aggravated stalking if you harass someone’s family members, children, spouse etc. with the intent to put them in reasonable fear for their lives.
It is important to contact an attorney right away if you are accused of stalking or aggravated stalking because a conviction for stalking or aggravated stalking can have far reaching consequences.
What are the punishments for stalking and aggravated stalking?
The crime of stalking is a misdemeanor in the first degree punishable by up to one year in prison.
For aggravated stalking, the charge is a third degree felony punishable by a prison sentence of up to 5 years.
It is important to contact an attorney immediately if you have a stalking or aggravated stalking charge. A conviction can lead to prison time and a criminal record that can affect your employment opportunities.
What are possible defenses to stalking charges?
It is the prosecutor’s burden to prove that the defendant is guilty of stalking or aggravated stalking beyond a reasonable doubt. The defense attorney just needs to throw doubt on one element of the charge in order for there to be reasonable doubt for the entire charge.
With stalking and aggravated stalking, the defense attorney can show that there was no intent to follow or harass the individual. Circumstantial evidence can show that the defendant had no knowledge that he or she was harassing the alleged victim.
Also there are several false stalking and aggravated stalking charges. If the defense can show the victim has no evidence such as phone calls, text messages, e-mails or any other proof that would show you threatened or repeatedly harassed them, then there can be no conviction for stalking or aggravated stalking.
Morris Law Firm | Pinellas County Stalking Defense Attorney
At the Morris Law Firm, we are committed to representing individuals who are faced with stalking and aggravating stalking charges. If you have been charged with stalking or aggravated stalking in Pinellas County or St. Petersburg, contact the Morris Law Firm. A Pinellas domestic violence attorney can help you resolve your stalking case.