A review of 5 top Q&As You MUST Know by ➪ Boca Raton ➪
West Palm Beach Stalking Attorney
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Table of Contents
Before hiring a Stalking Defense Attorney, what should I know about F.S. 748.048(2)?According to Florida law, a person commits the offense of stalking if they “…willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another…”
What are the penalties for stalking?
As a first-degree misdemeanor, stalking is punishable by penalties ranging from a term of probation up to one year in county jail.
What are common defenses for stalking?
There are no fixed number of defenses to any crime in Florida; however, there are common defenses.
To succeed in convicting a defendant for stalking, the State must prove beyond a reasonable doubt that the accused acted maliciously,
Therefore, a person’s willful and repeated following of another for good-faith, lawful reasons, such as a child-custody interest, should defeat the prosecution.
In addition, if the State obtained its evidence against the accused in violation of the Constitution’s limitations on law-enforcement agents, then the defendant, through his lawyer, can ask the judge to exclude that illegal evidence from the case.
When that happens, the State often drops the case or offers a highly desirable plea offer to resolve the controversy.
What should I know about Aggravated Stalking: F.S. 784.048(3)As defined by the criminal law in Florida, aggravated stalking is identical to misdemeanor stalking but includes the issuance of a credible threat.
In other words, Aggravated Stalking, according to the Florida Legislature, takes place when a person”…willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person…”
In addition, the State considers stalking aggravated when the actions of the accused violate a
restraining order, or if the victim is under the age of 16,
What are the penalties for Aggravated Stalking?
As a third-degree felony, aggravated stalking is punishable by penalties ranging from a term of probation up to 5 years in state prison.
What defenses would a skilled Aggravated Stalking Defense Attorney use?
As with misdemeanor stalking, the State must prove, beyond a reasonable doubt, that the defendant’s alleged actions were malicious.
Without proving this element of the offense, the State cannot prevail in a prosecution for aggravated stalking.
Similarly, aggravated stalking requires the State to prove, beyond a reasonable doubt, that the defendant issued a “credible” threat. As a result, if the alleged threat was not credible, the defendant must be acquitted of the charge.
Charged? Call West Palm Beach Stalking Attorney Josh LeRoy Because Experienced Wins. Can You Afford to Lose?
If you, or someone you know, find yourself in need of a Stalking Attorney in West Palm Beach (Palm Beach County from Boca Raton, Boynton Beach, Delray Beach, Lake Worth, and up to Jupiter), or any of the surrounding areas, use the form below to drop me a note.
Tell me about yourself, what’s happened, and when would be a good time to contact you.
-Joshua LeRoy, Esq.
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West Palm Beach Stalking Attorney Joshua LeRoy, Esq. is dedicated to providing his clients with personalized, honest, and aggressive representation in any areas of criminal law in West Palm Beach, Boca Raton, Boynton Beach, Lake Worth, Delray Beach, Jupiter & the surrounding areas of Palm Beach County in the State of Florida.
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