Miami Criminal Attorneys Describe How to Fight Cyberstalking Charges
Being accused of cyberstalking can be scary. You may feel overwhelmed and unsure of what to do next. The good news is that an experienced Miami criminal defense attorney can help you understand the charges and build a strong defense. In this article, local attorneys explain Florida cyberstalking laws and how they defend clients facing these allegations.
What is Cyberstalking in Florida?
Florida law defines cyberstalking as “engaging 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 or about a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.” This broad definition covers various types of harassing or threatening behavior online, through text, email, social media, or other electronic means.
To be charged with felony cyberstalking in Florida, the accused must either make a “credible threat” to the victim, or repeatedly harass the person after being told to stop. Credible threat means the stalker intended and had the ability to carry out harm against the victim or their family. Repeated harassment involves continued unwanted contact that causes fear for one’s safety.
Cyberstalking misdemeanors involve the same prohibited conduct, without the element of a credible threat. Both misdemeanor and felony charges can lead to jail time, fines, probation, and permanent criminal records. That’s why building an aggressive defense is so important.
Common Defenses Miami Criminal Attorneys Use
Skilled cyberstalking defense attorneys know how to pick apart weak cases by raising effective legal defenses. Here are some of the most common ways we defend clients facing cyberstalking accusations:
The Communication Was Misinterpreted
Sometimes online messages are taken out of context or misconstrued by the recipient. We thoroughly investigate the alleged communications to determine if benign statements were mistaken as threats or harassment. Evidence like records of cordial past interactions can show the contact was misinterpreted.
No Threat Was Made
Making a true threat means expressing intent to physically harm someone. Venting frustration or anger online generally doesn’t meet that threshold. We argue the communications didn’t convey a real threat – just hyperbole or figures of speech that are constitutionally protected speech.
The Client Had No Criminal Intent
These charges require proving the accused knowingly and willfully harassed or threatened the victim. We look for facts showing our client had no intent to cause harm, such as mental health issues impacting their judgment. Lacking criminal intent is a valid defense.
There Was No Repeated Harassment
Repeated harassment means persistently contacting someone after clearly being told to stop. We scrutinize records to confirm whether or not the victim directly told our client to stop or if they kept responding. Proof they never asked the person to stop contacting them can defeat harassment charges.
The Communication Wasn’t Directed at the Victim
The cyberstalking law requires messages be directed AT the victim specifically. Posting general complaints online that don’t name the person directly affects the charges. We argue that generalized venting isn’t a crime.
There Was No Substantial Emotional Distress
The alleged victim must suffer substantial emotional distress due to the communications. We demand proof that a reasonable person would suffer significant mental anguish. Speculation or exaggeration of anxiety won’t suffice.
Unlawful Police Conduct
Like any criminal case, we scrutinize the police investigation and handling of evidence. Any constitutional violations like illegal searches or lack of Miranda warnings can provide grounds to suppress evidence and beat the charges.
Miami Cyberstalking Defense Lawyers Get Results
The skilled cyberstalking defense attorneys have successfully defended hundreds of clients against allegations of online threats, harassment, and unwanted contact. We work relentlessly to protect our clients’ futures.
In one notable victory, we defended a 19-year-old college student accused of cyberstalking his ex-girlfriend. Despite a mountain of damning text messages, we argued he never made credible threats or caused substantial emotional distress. After highlighting weaknesses in the ex-girlfriend’s story, prosecutors dropped the felony charges down to a misdemeanor with no jail time.
In another win, we refuted felony cyberstalking charges against a man for allegedly harassing his former boss online. We compiled evidence revealing her credibility issues and that she failed to firmly tell him to stop contacting her. Prosecutors dismissed the case due to insufficient evidence.
Don’t leave your defense to chance. Schedule a free case evaluation with our experienced cyberstalking defense lawyers to discuss your charges and develop a customized defense strategy.
With an aggressive defense, we can potentially get charges reduced or dismissed without a trial. However, if necessary, we are always prepared to defend our clients’ rights at trial.
Don’t wait to act. Call our Miami cyberstalking defense attorneys 24/7 at (305) 555-1234 for skilled legal representation. The sooner we get involved, the better the outcome will likely be.
References
Florida Statute 784.048(1)(d) – Cyberstalking
Florida Statute 784.048(2) – Penalties