CYBERSTALKING

Most often, Cyberstalking comes down to proving the accused is the true author of the messages at issue. The law enforcement officers will question the suspect in hopes of obtaining a confession. Unfortunately, people are becoming more and more brazen on the internet by revealing their identity, sending pictures of themselves, close in time to sending explicit images and/or messages. Do not wait until you have been arrested for cyberstalking before talking to a criminal defense attorney.

It is not uncommon for people to be framed for cyberstalking. Mr. Sherman has successfully defended Clients from this charge by showing the alleged victim or third party had the ability and motive to fabricate the charge.

It is also common for communications between ex-lovers that would normally be considered rude or annoying resulting in cyberstalking charges. These charges are sometimes against former business associates or competitors who are at odds with each other. These cases hinge on whether any legitimate purpose existed for sending the communication other than harrassment. Legitimate purposes are usually different with each case, and depend on the historical communications between the alleged victim and the accused. In other words, an alleged victim who previously consented to explicit words or images will often have a difficult time convincing a jury that he or she suffered from the explicit words or images at issue and the subject of the prosecutions case.

Bradley S. Sherman has used 1st Amendment (free speech) defenses, as well as other successful strategies for defending against cyberstalking charges. Mr. Sherman represents people throughout Central Florida, and is most familiar with the Judges and Prosecutors in Volusia County, Seminole County, Orange County, Lake County and Flagler County. Call (386) 532-6000 for a free initial consultion.

Cyberstalking is defined under Florida law, Section 784.048, as causing series of communications which include words, pictures, images, or language through the use of any electronic means such as e-mail, the internet, phone text messaging targeted at a specific person, which causes that person “substantial emotional distress” and serves “no legitimate purpose.”

Cyberstalking in Florida is a first degree misdemeanor punishable by 12 months in the county jail, and a $1,000.00 fine for each alleged act.

Aggravated Cyberstalking

Aggravated Cyberstalking under Florida Law Florida law defines “Aggravated Cyberstalking” as a credible threat made with the intention of placing the person in reasonable fear of serious bodily injury or death for the person or the person’s immediate family member, Aggravated Cyberstalking is a third degree felony, punishable by five years in Florida State Prison and a five thousand dollar fine.

A “credible threat” is a threat against the life of the person or a threat to cause bodily injury to the person which is made with the intent to cause the person to reasonably fear for his or her safety.

Aggravated cyberstalking under Florida law can also be alleged if the defendant is subject to an injunction or retraining order protection against domestic violence, repeat violence, sexual violence, or dating violence, or after any “no contact” provision is imposed by the court (such as a bond condition), and maliciously, knowingly and willfully cyberstalks the person subject to the court order of protection.

Cyberstalking is also aggravated if it is directed at a person under the age of 16. Any instance of cyberstalking directed at a child or minor under the age of 16 can therefore be charged as a third degree felony which carries with it a maximum possible punishment of five years in Florida State Prison.

Defenses under Florida Law to the Criminal Offense of Cyberstalking. If you are charged with Cyberstalking or any other crime, call Mr. Sherman today for a free initial consultation. Mr. Sherman represents people throughout central florida, and is most familiar with the Judges and Prosecutors in Volusia County, Seminole County, Orange County, Lake County and Flagler County. Call our office at (386) 532-6000 to discuss your case with an attorney today.