Stalking Crimes | Miami Stalking Attorney

Stalking charges are treated very seriously because they are most often related to domestic violence and, unfortunately, a lot of homicides in Miami are domestic related. Florida statute 784.048 defines stalking as "[a]ny person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person."

Stalking is a first degree misdemeanor punishable by up to a year in the county jail.

Aggravated Stalking

Under Florida law there are three types of aggravated stalking criminal charges:

  1. Commits the crime of stalking AND makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person’s child, sibling, spouse, parent, or dependent
  2. Commits the crime of stalking while a restraining order against the victim is in effect.
  3. Commits the crime of stalking and the victim is under the age of sixteen (16) years old.

Aggravated stalking is a third degree felony punishable by up to five (5) years in state prison.


Stalking uses several words that have specific definitions under Florida law. In order to understand what stalking is under Florida law we must understand what these words mean.

Course of conduct “means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.” Such constitutionally protected activity includes picketing or other organized protests.”

Harass is defined as a course of conduct with no legitimate purpose that causes a substantial emotional distress on the person being harassed.

Cyberstalk is defined “to engage 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 a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.”

Credible Threat is defined “a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.”

Defend Your Case With An Experienced Criminal Lawyer

Antonio Jimenez is an experienced criminal defense attorney who started his career as a domestic violence prosecutor and knows where the weakness of the case lies. Mr. Jimenez will analyze your case and will defend your case against the relentless prosecution of the government. Contact attorney Antonio Jimenez today for free confidential consultation.