If you’ve been charged with stalking, harassment, or cyberstalking in Pensacola, you need a stalking lawyer who understands Florida criminal law and will work hard to protect your rights. At The Morris Firm, we provide experienced criminal defense representation for clients facing these serious charges. With over 4,000 cases handled and more than a decade of trial experience, our team knows how to challenge the prosecution’s evidence and work toward the best possible outcome for your case. We’re available 24/7 to answer your questions and provide the support you need during this difficult time. Call (850) 503-2626 today for your free consultation.
Why Choose The Morris Firm for Your Stalking Defense
When you’re facing stalking charges, you need an attorney who has the experience and dedication to protect your future. The Morris Firm stands out because of our proven track record and commitment to our clients.
Brandon Morris, our lead attorney, has handled more than 4,000 criminal cases throughout his career. He brings extensive trial experience to every case, having litigated numerous high-profile criminal matters in Pensacola and throughout Florida. As a native Pensacolian, Brandon is deeply committed to supporting his community and its citizens. He understands the local court system, the judges, and the prosecutors, knowledge that gives you a significant advantage.
Our clients consistently praise our approach. Rachel achieved a dismissal in her case and now recommends us to family and friends. Ashley H. felt comfortable throughout her case because of Brandon’s diligence and knowledge of the judicial system. Jessica appreciated that she didn’t have to worry about anything and felt at ease from day one. Zachary was nervous about hiring an attorney for the first time, but Brandon’s straightforward communication gave him confidence that his charges would be dropped. View our case results and client testimonials to learn more about our track record.
We offer affordable representation with reasonable retainer fees and flexible payment plans. You’ll have access to our team 24/7, and we’ll always make you a priority. We work hard on every case and remain committed to your defense throughout the process.
Understanding Stalking Charges in Florida
What Constitutes Stalking Under Florida Law
Stalking is defined under Florida Statute §784.048 as a pattern of behavior directed at a specific person that causes them to reasonably fear for their safety or the safety of their family. The law covers several types of conduct, including harassing, following, contacting, or cyberstalking another person. What makes stalking different from a single incident is the “course of conduct”, meaning repeated actions over time that form a pattern.
The prosecution must prove that your actions were willful and intended to cause the victim to fear for their safety. A single phone call or text message typically won’t result in a stalking charge. Instead, the state must demonstrate a pattern of behavior that shows its intent to harass, threaten, or intimidate. Understanding these elements is crucial to mounting an effective defense.
Types of Stalking Charges
Florida law recognizes different levels of stalking charges. Simple stalking is a first-degree misdemeanor, which carries serious penalties. Aggravated stalking occurs when you make a credible threat with the intent to place the victim in reasonable fear of death or serious bodily injury. Cyberstalking involves using electronic communications, such as email, social media, text messages, or online platforms, to harass, threaten, or intimidate someone. Each type requires different defense strategies tailored to the specific circumstances of your case.
Penalties for Stalking Convictions
A stalking conviction in Florida carries significant consequences that extend far beyond jail time and fines. A first-degree misdemeanor stalking conviction can result in up to one year in jail and a $1,000 fine. Aggravated stalking (involving a credible threat or a violation of a restraining order) is a Third-Degree Felony, punishable by up to 5 years in state prison and a $5,000 fine.
Beyond the immediate legal consequences, a stalking conviction affects your future in lasting ways. You may struggle to find employment, as many employers conduct background checks and are hesitant to hire someone with a stalking conviction. Housing becomes difficult—landlords often deny applications based on criminal history. Educational opportunities may be limited, and you could lose your right to own a firearm. The stigma of a stalking conviction can damage your reputation within your family and community for years to come. This is why securing an experienced criminal defense attorney is critical.
Defense Strategies for Stalking Charges
Our approach to defending stalking charges focuses on challenging the prosecution’s evidence and exposing weaknesses in their case. One of the most important elements the state must prove is the “course of conduct.” We examine whether the alleged actions truly constitute a pattern or whether they’re isolated incidents being mischaracterized.
We also question whether any credible threat actually existed. The prosecution must prove that you intended to cause fear and that a reasonable person would have felt threatened by your actions. We evaluate the evidence carefully to determine whether the victim’s fear was reasonable or exaggerated. Similar to our approach in assault defense cases, we meticulously examine every piece of evidence.
We investigate how evidence was collected and whether law enforcement followed proper procedures. If evidence was obtained illegally or without proper warrants, we work to have it excluded from trial. We also examine witness credibility and challenge testimony that may be biased or unreliable. Our criminal defense team has extensive experience challenging evidence admissibility and protecting your constitutional rights.
Cyberstalking and Online Harassment Defense
Cyberstalking cases present unique challenges because they involve digital evidence. We understand how to challenge the authenticity and admissibility of electronic communications, social media posts, and messaging platform records. We examine whether proper search warrants were obtained before law enforcement accessed your accounts or devices.
Privacy issues are central to many cyberstalking defenses. We question whether the prosecution violated your constitutional rights in gathering evidence. We also distinguish between protected speech, which includes criticism, disagreement, and even harsh language, and conduct that actually constitutes stalking or harassment. This is particularly important in cases involving social media and online communications.
Protecting Your Rights Throughout the Process
From your first appearance in court through trial and beyond, we protect your rights at every stage. At your first appearance, we address bail considerations and ensure you understand your charges. During the preliminary hearing, we challenge the prosecution’s evidence and work to get charges reduced or dismissed.
If appropriate, we negotiate with prosecutors to reach a favorable plea agreement. If your case goes to trial, we prepare a comprehensive defense strategy and present your case before a judge or jury. We gather evidence, interview witnesses, and build a persuasive argument on your behalf. Throughout the entire process, we keep you informed and involved in decisions about your case. Learn more about our pre-trial diversions and interventions options.
Frequently Asked Questions About Stalking Charges
What is the difference between stalking and harassment?
Under Florida law, ‘Harassment’ is defined as a course of conduct (a pattern) that causes substantial emotional distress and serves no legitimate purpose. A single incident typically does not qualify as criminal harassment or stalking unless it involves a credible threat.
In practice, ‘Stalking’ is the criminal charge filed when someone willfully, maliciously, and repeatedly follows or harasses another person. Both require proof of a pattern, not just a one-time event.
Can I be charged with stalking for contacting someone once?
No. A single phone call, text message, or contact generally won’t result in a stalking charge. The prosecution must prove a pattern of repeated conduct over time. However, if that single contact includes a credible threat of death or serious bodily injury, you could face other criminal charges. This is why understanding the specific elements of your charges is critical.
What happens if I violate a restraining order?
Violating a restraining order or injunction against stalking is a separate criminal offense. Violations can result in additional charges, jail time, and fines. If you’ve been issued a restraining order, it’s critical that you comply with all its terms. Our team can advise you on how to navigate these legal restrictions and protect your rights.
How long does a stalking case typically take?
The timeline varies depending on the complexity of your case and whether it goes to trial. Some cases are resolved through plea agreements within a few months. Others may take six months to a year or longer if they proceed to trial. We’ll give you a realistic timeline based on the specific facts of your situation. Our experience with criminal cases allows us to provide accurate projections.
Can stalking charges be dismissed?
Yes. Stalking charges can be dismissed if the prosecution lacks sufficient evidence to prove the elements of the crime, if evidence was obtained illegally, or if we successfully negotiate a dismissal with the prosecutor. We work to pursue every avenue for dismissal. Our track record of successful dismissals demonstrates our commitment to fighting for our clients. View our case results to see examples of favorable outcomes.
Will a stalking conviction affect my employment?
Yes. Many employers conduct background checks and are reluctant to hire someone with a stalking conviction. Some professional licenses may be affected. This is why fighting the charges is so important—avoiding a conviction protects your employment prospects and professional future. Our criminal defense team works to achieve the best possible outcome for your case.
Contact The Morris Firm for Your Free Consultation
If you’re facing stalking, harassment, or cyberstalking charges in Pensacola, don’t wait to get legal help. The sooner you contact The Morris Firm, the sooner we can begin building your defense. Call (850) 503-2626 today to schedule your free case evaluation.
We serve clients throughout Pensacola, Escambia County, Santa Rosa County, and the entire state of Florida. Our office is located at 816 E La Rua Street, 2nd Floor, Pensacola, FL 32501. We’re available 24/7 to answer your questions and provide the dedicated representation you deserve. We also offer Spanish-language services to better serve our community.
