JUPITER FL STALKING DEFENSE LAWYERS
WITH OFFICES IN BOCA RATON, FLORIDA
The criminal defense lawyers at Arnesen Law represent clients accused of a myriad of assault and threat-related offenses, some of which include stalking, aggravated assault, battery, and felony battery. Our seasoned attorneys represent clients in jurisdictions throughout South Florida, including Jupiter, West Palm Beach, and Greenacres.
With a practice focused entirely on serving clients charged with criminal and DUI offenses, the lawyers at Arnesen Law have accumulated a wealth of experience, developing specifically-formulated techniques to handle these cases. In fact, the firm’s founder, Jay Arnesen, honorably retired from the police force after nearly losing his life while on duty. He now dedicates himself and his practice to ensuring that every one of his clients receives the vigorous defense they deserve.
With offices conveniently located in Boca Raton and Fort Lauderdale, Mr. Arnesen and his team are readily available to clients facing charges in all of South Florida. Contact the offices of Arnersen Law anytime at 561-419-9630. Our lawyers are always pleased to provide initial legal consultations free of charge.
“As a former police officer, I used to help prosecute these charges for the State. Now, let me use my training and experience to combat these charges for you in court.” Jay Arnesen, Esq.
Stalking – Florida Statutes Section 784.048
The definitions, penalties, and other relevant information associated with stalking charges in Florida are detailed in Chapter 784, Section 48 of the Florida Statutes. As stated below, these offenses can be considered first degree misdemeanors or third degree felonies, the latter of which are referred to as “aggravated stalking” offenses, depending on the circumstances of the specific case. Specifically, the statute states:
(1) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree
(2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree
(3) A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree
(4) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking, a felony of the third degree
(5) A person who, after having been sentenced for a violation of s. 794.011 (sexual battery), s. 800.04 (lewdness), or s.847.0135(5) (lewdness via computer transmission), and prohibited from contacting the victim of the offense, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree
(a) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any of the offenses listed under subsection (5) of this section.
In addition, 784.048 provides the court with the authority to issue an order prohibiting a person convicted of stalking from contacting the victim for a period of up to 10 years, the length of which is determined by the following criteria:
(1) The seriousness of the facts before the court
(2) The probability of future violations by the perpetrator; and
(3) The safety of the victim and his or her family members or individuals closely associated with the victim.
The aforementioned order may be issued by the court even if the defendant is sentenced to a term in state prison or the county jail, or if the defendant receives probation.
*This statute includes yet another stipulation regarding the necessity of an arrest warrant in a stalking case. Notably, the law does not require a law enforcement officer to obtain a warrant for the arrest of an individual whom he or she has probable cause to believe has committed a stalking offense.
Stalking – Potential Penalties
First Degree Misdemeanor Stalking: maximum term of 1 year in the county jail and fines not to exceed $1,000
- If you have been charged with a first degree misdemeanor for stalking, you may be eligible for Florida’s Misdemeanor Pretrial Diversion Program. For defendants who meet the qualifying criteria and become enrolled in the program, the court will suspend the charges for a probationary period of 6 months or 1 year, at which time the charges will be dismissed if the defendant has complied with all program requirements.
- It is important to know that in cases involving an alleged victim, such as stalking, the State cannot offer Pretrial Diversion to the defendant without the consent of the alleged victim.
Third Degree Felony Stalking: maximum sentence of 5 years in prison, up to 5 years of probation, and fines not to exceed $5,000
Contact Our Palm Beach County Stalking Defense Lawyers for a Free Consultation
A stalking conviction can have repercussions that extend far beyond the conclusion of your court case, which is why it is essential to find a skilled criminal defense lawyer who can help you to avoid some, if not all, of these negative consequences. The lawyers at Arnesen Law have the knowledge and experience necessary to defend you against these charges in South Florida. Contact Arnesen Law today at 561-419-9630 for a free consultation about your case.