Daytona Beach Stalking Lawyer
Experienced Defense Against Stalking Charges in Florida
Stalking, more commonly thought of as harassment, is a crime outlined by Florida Statute 784.048. Stalking can include harassment, cyberstalking, or following a person. The circumstances of the offense can result in either a misdemeanor or a felony charge. With people using social media to connect with friends more and more, cyberstalking, or as it is sometimes referred to as “cyberbullying,” can result in being charged criminally.
We have offices in DeLand and Daytona Beach and help clients throughout Central Florida fight their criminal charges.
What is Stalking?
Stalking often conjures up the image of a shadowy figure following someone home at night, or an ex-boyfriend or girlfriend repeatedly contacting his or her former partner. While these examples do display stalking, the crime can apply to a variety of circumstances. The statute defines stalking as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. Harassment means to “engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose” [Florida Jury Instructions §784.04(1)(a)]. Course of conduct means “a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose” [Florida Jury Instructions §784.048(1)(b)]. Based on this broad definition, behavior that lasts for as little as an hour, or even less, can be considered harassment. Notice how stalking does not require a person to make a threat. Continuously involving yourself in the life of another without a legitimate purpose can put you at risk of being arrested.
Stalking is considered a first-degree misdemeanor, punishable by up to 12 months in jail, 12 months probation, and a fine of $1,000. In addition, aggravating circumstances can result in steeper penalties.
Penalties for Aggravated Stalking in Florida
Aggravated stalking is a third degree felony, punishable by up to 5 years in jail, 5 years probation, and a fine of $5,000. Aggravated stalking can occur when you make a credible threat against the victim. Even if you have no intent to carry out the threat, the State only needs to prove that the threat was made, either verbally or nonverbally, and that it created a reasonable fear for the victim’s safety, or the safety of individuals closely associated with them [Fl. Stat. 784.048 (1)(c) and Fl. Stat. 784.048(3)]. Violating an injunction for protection against repeat violence, sexual violence, dating violence, or domestic violence will also result in a third degree felony classification [Fl. Stat. 784.048(4)]. The same applies if the victim is a child under 16 years of age [Fl. Stat. 784.048(5)].
The Thompson Law Approach
Matt Thompson defended a stalking case in Daytona Beach, Florida, where a dispute between neighbors erupted. There was no physical violence, just constant harassment back and forth between the neighbors. The alleged victims in the case repeatedly taped Mr. Thompson’s client whenever she was outside of her home. In an effort to defend his client, Attorney Thompson successfully filed a Motion to keep the video tapes out of evidence. As with all criminal cases, the State has the burden of proving every element of the charge beyond and to the exclusion of every reasonable doubt. As a former prosecutor, attorney Matt Thompson knows what weaknesses to look for in the State’s evidence and, more importantly, how to best present those weaknesses to a judge or jury. This means that we begin attacking the State’s evidence the moment you begin working with us. We start by speaking directly to you about the incident. This allows us to create a defense that is unique to the circumstances of your case. Thompson Law was designed to remain a small firm so that we can give each client the individualized attention his or her case needs. Unlike large law firms, when you hire Thompson Law, you are given direct access to your attorney via phone and email. When it comes to cases where years of imprisonment are on the line, having an attorney who you are able to contact easily is a great benefit to your case. If you’re facing serious charges, do not hesitate to call us for your free case evaluation.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
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All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.
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All Charges Dismissed Domestic Battery
Client and his husband were involved in a verbal argument. The alleged victim contacted police against the claiming that he threw a glass of milk on him. Under the law, this is considered a battery. Attorney Thompson represented the Client on both the criminal case and the injunction and both were dismissed.
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Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
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All Charges Dismissed Resisting an Officer Without Violence
The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.
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Charges Reduced Aggravated Battery on Law Enforcement Officer
Attorney Thompson provided the State with an extensive mitigation packet outlining the Defendant’s military service record and disability based on PTSD. Defendant was offered a minor jail sanction (60) days followed by probation in lieu of a 5-year minimum prison sentence as was originally offered by the State.