Miami Attorneys Explain How to Beat Cyberstalking and Harassment Charges
Dealing with a cyberstalking or harassment charge can be scary. You may feel anxious, angry, or just plain confused. As Miami attorneys who regularly handle these cases, we get it. Our goal in this article is to explain in simple terms what these charges mean, potential defenses, and steps you can take to protect yourself.
What is Cyberstalking and Harassment?
Cyberstalking and harassment laws are meant to prevent people from using technology to repeatedly harass or threaten others. This could involve:
- Sending unwanted, disturbing messages through text, email, or social media
- Posting offensive comments about someone online
- Sharing private photos without consent
- Tracking someone’s location or activities through their device
- Hacking into someone’s online accounts or device
If this behavior is severe or persistent enough, the victim can report it to the police who may then charge the perpetrator with stalking, harassment, or similar crimes under Florida law. The specific charges depend on the exact nature of the behavior.
What Are the Punishments if Convicted?
Cybercrimes like stalking and harassment are misdemeanors or felonies under Florida law. This means fines, probation, and even jail time are possible penalties if convicted. Felony charges lead to more severe consequences, including:
- Up to 5 years in prison
- Up to $5,000 in fines
- Permanent criminal record
In addition to criminal penalties, the victim can sue their stalker or harasser for damages in civil court. With the right evidence, victims can recover money for emotional distress, lost wages, and other losses.
What Are Some Possible Defenses?
As Miami defense attorneys, we often help clients fight cyberstalking and harassment allegations. Some possible defenses include:
- Lack of criminal intent – If there’s no evidence you meant to stalk or harass the victim, we can argue you did not have the necessary criminal intent. For example, maybe you didn’t realize your messages were unwanted or that sharing certain information was inappropriate.
- First Amendment – The First Amendment protects your free speech rights. If the offensive online posts were simply you expressing an opinion, we may argue the charges violate your constitutional rights.
- False allegations – Perhaps the victim fabricated or exaggerated the allegations out of anger or resentment towards you. By closely scrutinizing the evidence, we may be able to show inconsistencies or lies in the victim’s claims.
An experienced Miami criminal defense lawyer can help analyze the available evidence to determine if any solid defenses can get your charges reduced or dismissed. Don’t hesitate to consult an attorney if you face accusations.
Steps to Take If You Are a Victim
If someone is cyberstalking or harassing you, take steps to protect yourself, including:
- Document all incidents – Save texts, posts, emails, etc. Screenshot disturbing messages instead of replying.
- Report to police – File an official report so there’s a record of the behavior. Give them printouts of messages, posts, etc.
- Block the person online – Prevent further contact by blocking their profiles, numbers, emails.
- Get a restraining order – For severe, ongoing cases, a judge can order the stalker/harasser to stop contacting you.
- Talk to a civil rights lawyer – They can advise you on steps to take and possibly sue the perpetrator for damages.
Don’t suffer in silence. Use all legal means to stop the harassment and hold the perpetrator accountable. With the right evidence and persistence, justice is possible.
We hope this overview has helped explain cyberstalking and harassment issues you may face in Miami. Dealing with criminal charges is scary, but know that experienced defense lawyers can often get them dismissed or reduced. And victims should promptly take steps like filing police reports to stop the behavior and have recourse against their stalker or harasser.
Please contact us if you need legal help related to cybercrimes. We offer free consultations and routinely handle these cases in Miami and surrounding areas.