Thank you for asking me “What is Aggravated Stalking in FL?”
Aggravated Stalking is basically simple stalking on steroids.
Just like stalking, aggravated stalking refers to willful, malicious and repeated acts of harassment which are directed at a specific person, which serve no legitimate purpose and which would cause substantial emotional distress in a reasonable person’s mind.
In order to bump “simple” stalking up to aggravated stalking the harassment must either be:
1) Accompanied by a “credible threat” to the victim; 2) Done in violation of an injunction or a court order; or 3) The stalking victim must be 16 years old or younger.
A “credible threat” can be verbal or non-verbal, it can be delivered electronically or it can even be implied by a pattern of conduct, provided that it places the target of the threat in reasonable fear for her or his safety, or for that of a family member or of another person who is closely associated with the victim.
While the person making the threat need not have the intent to actually follow through with it, the threat must be made with the apparent ability for it to be carried out. (For example Courts have found a that a credible threat existed when it was made by a person who was in jail at the time that the threat was made.)
Aggravated Stalking is a 3rd degree felony punishable by up to 5 years in prison.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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