Miami Stalking Lawyer – Protecting Your Rights

Dealing with a stalker can be a scary, frustrating experience. Having someone constantly harass and intimidate you takes a huge emotional toll and makes you feel unsafe. If you’re being stalked in Miami, you need strong legal representation to protect yourself. A knowledgeable Miami stalking lawyer can advise you on the law and aggressively defend your rights.

What Constitutes Stalking in Miami?

Florida has strict laws against stalking behavior. Under Florida Statute 784.048, stalking is defined as “willfully, maliciously, and repeatedly following, harassing, or cyberstalking” another person. This includes making threats, whether directly or indirectly, that would cause substantial emotional distress.

Stalking behaviors can include:

• Repeatedly following or harassing you in person, by phone, text, email, social media, etc.
• Showing up uninvited at your home, school, or work
• Monitoring your phone and computer use
• Spreading false rumors about you
• Making unwanted sexual advances
• Threatening you, your family, friends, or pets

If this person’s behavior causes you to fear for your safety or suffer substantial emotional distress, it likely constitutes stalking under Florida law.

Stalking Charges in Miami

Stalking is a serious crime in Florida. Basic stalking is a first-degree misdemeanor, punishable by up to one year in jail. But there are enhanced charges for aggravated stalking:

• Third degree felony – up to 5 years prison if the defendant violates a restraining order, injunction, or other court order.
• Second degree felony – up to 15 years prison if the defendant makes a credible threat of violence against the victim, even if indirectly through a third party.
• First degree felony – up to 30 years prison if the defendant makes a credible threat of violence while also possessing a weapon.

With harsh penalties on the line, having an experienced Miami stalking defense attorney is critical. They can thoroughly examine the evidence and fight to get charges reduced or dismissed if flaws exist in the prosecution’s case.

How a Miami Stalking Lawyer Can Help

If you’re a stalking victim, a skilled lawyer can help in several important ways:

• Advise you on steps to increase safety like security systems, changing routines, etc. Safety planning is so important.
• Guide you through the process of documenting stalking incidents to build a strong case. Don’t underestimate good record-keeping.
• Help obtain a protective injunction that legally forces the stalker to stay away from you. Violating the injunction leads to arrest.
• Represent you at injunction hearings. These are complex legal proceedings. Having an attorney ensures your rights are protected.
• Refer you to counselors and therapists specially trained in treating stalking trauma. You need support.
• Connect you with local victim advocacy groups. You’re not alone in this fight.
• Pursue criminal charges and civil lawsuits against the stalker. Fight back and hold them accountable!

If you’re a stalking defendant, an attorney can also help safeguard your rights:

• Examine whether the alleged “stalking” meets the legal definition under Florida statutes. There are grey areas.
• Challenge any flaws or lack of evidence in the prosecution’s case against you. Don’t let them railroad you.
• Negotiate with the prosecutor to get charges reduced or dropped completely. Even misdemeanors can carry lasting consequences.
• Advocate for mental health or substance abuse treatment instead of jail time, if relevant. Help turn things around.
• Defend your reputation and avoid being wrongly labeled a dangerous stalker. You have rights.

Never try to handle a stalking case alone without experienced legal counsel. These situations are complex and emotions run high. Having a knowledgeable guide makes all the difference.

Key Miami Stalking Defenses

When defending stalking charges, a Miami criminal lawyer will explore all possible defenses. Common defenses include:

• Constitutional rights violations – Evidence obtained illegally in violation of your 4th, 5th or 6th Amendment rights cannot be used against you. If critical evidence is thrown out, the case may collapse.
• Misidentification – Mistaken identity is more common than you’d think. Eyewitness misidentification has contributed to over 70% of wrongful convictions. If you weren’t the actual stalker, this defense may apply.
• No credible threat – For felony stalking charges, the prosecution must prove a “credible threat” was made. But offhand comments made out of anger or jest are not always credible threats. An attorney can argue this.
• No weapon involved – Stalking becomes a first-degree felony if the defendant possessed a weapon during the alleged crime. If no weapon existed, this charge can potentially be defeated.
• Mental incompetence – Those judged mentally incompetent cannot be convicted. A psychiatric evaluation showing stalking was due to mental illness may lead to dropped charges.

A skilled lawyer thoroughly investigates the facts of your case to build the strongest defense. Don’t leave your future to chance.

Get a Miami Stalking Lawyer Fighting For You

Stalking allegations can turn your life upside down. These cases require aggressive legal representation from a trusted Miami stalking attorney. At The Law Offices of John Phillips, their experienced team provides compassionate support and tenacious defense for stalking victims and defendants alike. They understand how high the stakes are and will work tirelessly to achieve the best possible outcome for you. Don’t go it alone. Get peace of mind knowing your rights are protected. Call today for a free consultation.