In Florida, a Law Enforcement Officer may arrest someone if their actions cause another person emotional distress or fear. No matter what you are accused of, you can rely on our determined criminal attorneys at Leifer & Leifert to provide you with the legal help you need.
While you may question why the prosecution is pursuing legal action against you, you should be prepared to defend yourself against these accusations. A Hollywood stalking lawyer could explain your rights to you and craft defense strategies that may bode well for your case. Taking action early on may help ensure the most favorable outcome.
Stalking and Harassment Laws in Hollywood
The following actions are different types of stalking behavior that Florida state law prohibits:
- Harassing or obscene phone calls
If a person harasses another person without any threat of violence or harm, that is a first-degree Misdemeanor as defined by Florida Statutes §784.048. The court may sentence that person to up to one year in jail and order that person pays a fine of no more than $1,000. For more information, contact a seasoned defense lawyer from Leifert & Leifert.
What is Aggravated Stalking?
If a person harasses or stalks another person intentionally, with malice, and makes a credible threat to the alleged victim, they may be charged with a third-degree Felony. A credible threat means the alleged victim is in reasonable fear of harm and believes the speaker could carry out the threat.
If convicted of this offense, a person may face to up to five years in jail and be ordered to pay a fine of no more than $5,000. For either form of this crime, it may be wise to retain a Hollywood stalking attorney for help contesting the charge.
Other Forms of Stalking
Cyberstalking has the same definition as traditional stalking, except that the actor used the internet to communicate with the alleged victim. However, a person may always protest or engage in other constitutionally protected actions.
If a person violates a protective order by stalking another person or if the victim of stalking is under 16 years of age, the alleged perpetrator may face third-degree Felony charges. The law also refers to this act as aggravated stalking and punishes it in the same ways.
When is Harassment or Obscene Phone Calls Considered Stalking?
Under Florida state law, harassment entails a person engaging in a pattern of behavior focused on one person to cause them emotional distress, in a situation where the actor had no legitimate purpose for engaging in that behavior. Likewise, it is a criminal offense for a person uses a phone to harass or say vulgar things to another person or to call someone or let the phone ring continuously.
Committing either of these offenses is a second-degree Misdemeanor, as found in Fla. Stat. §365.16, punishable by up to 60 days in jail and up to $500 in fines. A knowledgeable stalking lawyer in Hollywood could also help contest these kinds of allegations as well.
Get Help from a Hollywood Stalking Attorney
A stalking offense has the potential to negatively alter your life forever, and you may be worried about your freedom, as well as your reputation in the community. Fortunately, you do not have to face the police and prosecution alone.
Speak with a Hollywood stalking lawyer to learn more about your situation and what you can expect going forward. No matter what you decide to do, our team at Leifert & Leifert could help you protect yourself and fight for an optimal outcome.