Jacksonville Stalking Lawyer

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Being accused of stalking can damage a person's reputation no matter how baseless or uncorroborated the allegations.  Many stalking cases arise out of a dissolved relationship with hard feelings on both sides.  Many times, there are legitimate reasons why the two people have to communicate.  For example, a divorced or divorcing couple may have children and/or assets and liabilities that still bind them together.  Anger, resentment and other powerful emotions can cause people to make untruthful or embellished allegations.  If you have been accused of or arrested for stalking, call the experienced Jacksonville criminal defense lawyer of LGL to discuss your particular case.

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Stalking is defined in Florida Statute Section 784.048.  In order to prove Stalking, the State must prove:

• You willfully, maliciously, and repeatedly followed, harassed or cyberstalked the victim. 
  

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Aggravated Stalking is:

• stalking, and
  

• making a credible threat to the victim. 
  

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"Harass" 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. 

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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.  The term does not include constitutionally protected activity such as picketing or other organized protests.  

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"Willfully" means knowingly, intentionally and purposely.

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"Cyberstalk" means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. 

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A "credible threat" is a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm.  

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The State doesn't have to prove whether you intended to carry out the threat. The issue is whether it was a credible threat to the victim. 

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Even if you are in jail, you could be convicted of aggravated stalking if you made a credible threat through stalking. 

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