Tampa Criminal Defense Lawyers Describe How to Fight Stalking Allegations
Stalking allegations can have serious legal consequences in Florida. Being accused of stalking, harassment, or cyberstalking can lead to criminal charges, restraining orders, and damage to your reputation. If you are facing accusations of stalking in the Tampa area, it is critical to have an experienced criminal defense attorney on your side.
Tampa criminal defense lawyers regularly defend clients against stalking and harassment charges. They understand Florida’s anti-stalking laws and how to build a strong defense against these allegations. Here are some of the key ways an attorney can fight stalking accusations:
Understanding Florida’s Stalking Laws
Florida has strict laws against stalking and harassment. Under Florida Statute 784.048, stalking occurs when someone “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks” another person. Stalking is a first-degree misdemeanor, while aggravated stalking is a third-degree felony.
There are a few ways stalking charges can become aggravated stalking, such as if the accused made credible threats, violated a restraining order, or the victim was under 16. The penalties for stalking and aggravated stalking can include jail time, fines, probation, and a permanent criminal record.
An experienced Tampa criminal defense attorney will thoroughly review the stalking laws and analyze how they apply to your specific case. They can identify any weaknesses in the prosecution’s case and build defenses accordingly.
Contesting the Allegations
In many stalking cases, the accusations are exaggerated or completely false. Your attorney can investigate the allegations to find inconsistencies or fabrications.
For example, if the accuser claims you stalked them on certain dates, your lawyer can try to obtain records showing you were somewhere else at those times. Or, if the accuser says you contacted them repeatedly, your phone records may show limited or no contact.
Your attorney can also interview potential witnesses who can refute the stalking claims. Presenting evidence that contradicts the accusations can create reasonable doubt about your guilt.
Establishing a Legitimate Purpose
Under Florida law, stalking requires conduct that “serves no legitimate purpose.” So if you had a valid reason for contacting the alleged victim, it may not qualify as stalking.
For instance, if you were contacting the person about child custody issues, repaying a debt, or another lawful matter, your lawyer can argue you were pursuing a legitimate purpose. While the accuser may subjectively feel harassed, you were acting within your rights.
Highlighting the legitimate reasons for your conduct provides a strong defense against stalking accusations.
Seeking Dismissal of the Charges
In many cases, there may be grounds for having the stalking charges dismissed entirely. An experienced attorney will closely analyze the prosecution’s evidence and legal theories to identify any basis for dismissal.
Potential reasons charges could get dismissed include:
- Insufficient evidence of “harassment” or a “credible threat”
- The conduct does not meet the definition of “repeated” stalking
- The alleged victim did not experience “substantial emotional distress”
- There were no court orders barring you from contacting the person
- The statute of limitations has expired
By filing motions to dismiss before trial, your attorney may be able to get the charges thrown out before you ever step foot in court.
Negotiating with the Prosecution
Prosecutors know that stalking cases often rely heavily on “he said, she said” accusations that are hard to prove beyond a reasonable doubt. An experienced defense lawyer can leverage this weakness to try to negotiate a favorable resolution.
Options may include negotiating the charges down to a lesser offense, probation instead of jail time, or even getting the charges dropped entirely. Your attorney’s relationships and negotiating skills could keep you out of jail and save your record.
Taking the Case to Trial
If dismissal and plea negotiations fail, your attorney can vigorously defend you at trial. Stalking trials often come down to the credibility of the accuser versus the credibility of the defendant.
Your lawyer will cross-examine the alleged victim to expose doubts about their claims. They will require the prosecution to prove every element of the stalking charges beyond a reasonable doubt. And they will seek to exclude any prejudicial evidence that violates your rights.In many cases, skilled trial advocacy results in an acquittal on all charges.
Defending Against Restraining Orders
Stalking accusations often lead to petitions for restraining orders as well. Your lawyer can represent you at injunction hearings to contest any requests for “no contact” orders.
They will argue the evidence does not show stalking or harassment that warrants restricting your liberties. And they can file motions to dissolve any temporary restraining orders that were issued without hearing your side.Vigorously fighting restraining order petitions protects your freedom and avoids stigma.
Preserving Your Reputation
Merely being accused of stalking or harassment can tarnish your reputation, even if you are never formally charged or convicted. Your defense lawyer can take proactive steps to mitigate the harm to your reputation.
They can send cease and desist letters to the accuser if they are spreading false allegations. They can advocate on your behalf to explain your side of the story. And they can seek to seal or expunge records whenever possible to prevent lasting damage.
Stalking allegations do not have to ruin your life. With an experienced criminal defense attorney fighting for you, there are many ways to defend your rights and your reputation. Do not wait to seek skilled legal representation if you are facing accusations of stalking or harassment in the Tampa area.