Orlando Stalking Defense Attorney

According to Florida Statute 784.048, the crime of Stalking is the act of physically following an individual or communicating with a person in a way that causes that person emotional distress. Stalking can take many forms, including: by means of the internet, harassment over the telephone, or making a credible threat in any other communicated way.

If the intent is to place that person in reasonable fear of death or bodily injury, Stalking could arise to the level of Aggravated Stalking, which is a third degree felony with a maximum sentence of five years in prison.

Cyberstalking has become a large problem for Florida Courts recently. As defined by Florida Statute 784.048(d) Cyberstalking is to engage in a course of conduct to communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person; or to access, or attempt to access, the online accounts or Internet-connected home electronic systems of another person without that person’s permission, causing substantial emotional distress to that person and serving no legitimate purpose.

Elements of Stalking

In order to obtain a conviction for Stalking in any form, Orange County prosecutors must prove three factual elements beyond a reasonable doubt:

  • Willfully, maliciously, and repeatedly;
  • Follows, harasses, or cyberstalks another person; and
  • Either:

    • Makes a credible threat towards the other person;
    • The other person is under the age of sixteen (16); or
    • The other person has obtained a No Contact Order after the defendant was convicted of a sex crime.


Stalking is a first degree misdemeanor. It may result in:

  • Up to one year in jail; and
  • Up to $1,000.00 fine.

Possible Defenses

Stalking charges can be combated on several different levels. Three common defenses are included here:

  • The conduct was part of furthering a legitimate purpose.
  • There is insufficient evidence by prosecutors.
  • The First Amendment protects the conduct at issue.


If you find yourself standing accused of Stalking you need to be sure you have a good lawyer on your side. Facing Stalking charges can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.