The law in Pompano Beach and the rest of the state recognizes the right of people to be free from unwanted contact with others. In the simplest sense, it is illegal to cause emotional distress to another without a legitimate purpose. The law also prohibits people from making threats against the well-being of others in a way that is likely to cause alarm.
The most extreme examples can lead to charges of aggravated stalking. These are Felony cases where a conviction can bring up to five years in Prison. A Pompano Beach aggravated harassment Lawyer may be able to help if you are facing charges related to stalking. A skilled defense attorney can work to explain the state’s laws, evaluate evidence that a Prosecutor intends to bring to Trial, and develop defenses that help protect your rights and freedoms.
Aggravated Stalking as a Criminal Offense Under State Law
The first thing to recognize about harassment charges is that there is no law with the label of harassment in the state’s statutes. Instead, Florida Statute § 784.048 assigns the title of stalking to harassing behavior. In addition, this statute defines the term harass as a person acting in a way that causes another to experience significant emotional distress, specifically when that contact serves no legitimate purpose. The core offense of stalking is repeatedly harassing someone and can result in a Misdemeanor of the first-degree.
Stalking against a person who enjoys protection under a restraining or no contact order may lead Law Enforcement to make an arrest for aggravated harassment. This charge may also result from harassment against a child under 16 or contact that constitutes a credible threat against an alleged victim’s well-being. If these factors apply, the case will move forward as a Felony of the third degree. A knowledgeable aggravated harassment Attorney in Pompano Beach can explain how the terms harassment and stalking interact with each other and evaluate the facts that led to a client’s arrest.
Defending Aggravated Harassment Charges in Court
There are many potential defenses against an aggravated stalking charge. The most direct is to dispute whether the offensive contact in question occurred. It is not uncommon for Law Enforcement and alleged victims to make mistakes concerning their recollection of events or to misidentify a supposed harasser. An aggravated stalking Lawyer in Pompano Beach can question the memory of supposed victims concerning the identity of their harasser.
Another possible defense lies in the language of the statute. The law says that behavior is only harassment if there is no legitimate reason to contact a supposed victim. A common example is an effort on the part of an individual to collect a debt. If there is a legitimate reason to believe that an alleged victim owes money to a person, contact between two people is proper.
Finally, a Legal Representative can challenge Law Enforcement’s methods to obtain evidence. This may lead to legal motions that seek to exclude evidence from an improper search warrant or illegal Police questioning tactics. Each of these options may help limit a Prosecutor’s evidence or raise the idea of reasonable doubt in the minds of jurors.
Reach Out to a Pompano Beach Aggravated Harassment Attorney Now
Charges alleging aggravated harassment are serious accusations. These are Felony cases where a conviction can bring a Prison sentence of up to five years and the creation of a restraining order. Whether an arrest resulted from supposed threats of physical harm, improper contact with a child under the age of 16, or a violation of a restraining order, you deserve the best chance of a positive outcome.
Hiring a Pompano Beach aggravated harassment Lawyer to handle your case might be your best choice. They can work to explain the state’s law, evaluate why an arrest occurred, and obtain information to build a potent defense. Contact a Leifert & Leifert Attorney now to get started.