Miami Cyberstalking Defense Attorney
Stalking has long been a criminal offense under Florida law, involving the willful, malicious, and repeated harassment or following or another person, with or without physical threats. With the rise of the internet, a new form of stalking developed – cyberstalking. Many people think cyberstalking is less serious than other forms of stalking. After all, communications over a computer are more remote and may be considered less threatening than communications in person or on a voice call. However, cyberstalking can have a significant effect on victims and, therefore, Florida law enforcement authorities take this offense very seriously and often prosecute suspected offenders to the fullest extent of the law. In addition, cyber crimes can be prosecuted by federal authorities, as well, since they make use of electronic communication. If you have been charged with cyberstalking, it is extremely important that you contact a Miami cyberstalking defense attorney who has specific knowledge of both state and federal laws and who has experience handling cases involving cyber crimes.
What is Cyberstalking?
Just like stalking in person or via the mail or telephone, Florida sets out specific requirements for actions to constitute the criminal offense of cyberstalking. Specifically, the prosecutor must prove beyond a reasonable doubt that the following elements are satisfied to convict you of cyberstalking:
- You communicated directly with another specific person;
- You used words or another type of language or images in the communication;
- The communication took place through email, online messaging, websites, or any other type of electronic communication;
- The other person experienced significant emotional distress due to the communications;
- There was no legitimate justification for you to communicate in this manner with this person besides causing them emotional distress.
There are different acts that may fall under the category of cyberstalking because of the emotional distress they cause, including the following:
- Any form of cyberbullying;
- Pretending to be the victim online and saying distressful things;
- Posting private information about someone on a public site;
- Texting, messaging, or emailing unwanted sexual pictures;
- Sexual harassment online.
A cyberstalking conviction can have a significant effect on your finances and your freedom. Even if you are not sentenced to jail time, a conviction can limit who can can contact and where you can go. A conviction can have an effect on your parental rights and can limit your professional opportunities, as stalking can disqualify you from working in certain settings, such as hospitals or schools. In short, you want to avoid a conviction of cyberstalking whenever possible.
Do Not Wait to Call a Miami Cyberstalking Defense Attorney Today
At the law office of Jeffrey S. Weiner, P.A., we have skilled Miami cyberstalking defense attorneys ready to protect your rights throughout your entire case. We have the resources and knowledge to challenge the prosecutor’s case and present effective legal defenses so that you can obtain the most favorable result possible. If you have been accused of cyberstalking, please do not hesitate to call our office at 305-670-9919 to discuss your case for free today.