Misdemeanor stalking in Florida is defined as someone willfully, maliciously and repeatedly following, harassing or cyber stalking another person. This level is a first degree misdemeanor and if convicted, a suspect can be sentenced to up to one year in jail. Stalking is elevated to a felony if:
1. The victim of the stalking has an injunction against the suspect.
2. The victim is under 16 years-old.
3. The suspect not only stalks, but makes a credible threat.
So what does it actually mean to "stalk". It cannot just be one contact. The contact has to be over and over again. Not only does it have to be often, but done with malicious intent. Cyber stalking is a relatively new addition to the stalking statute and covers all electronic communications intended to cause "substantial emotional distress".
If you have been accused of Stalking or the felony of Aggravated Stalking, it is important to discuss your rights with a qualified Stalking Attorney. Contact The Mussallem Law Firm today for a Free Consultation at (904) 365-5200.