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Albert M. Quirantes | Miami Criminal Defense Lawyer Office

What is Stalking and When is it a Crime?



In the digital age, where connections and interactions span both physical and virtual realms, the concept of stalking has evolved, encompassing behaviors that go beyond unwanted physical presence. In Florida, stalking is taken seriously as a criminal offense, potentially leading to imprisonment. But what exactly constitutes stalking, and how can one differentiate between persistent yet benign contact and criminal behavior?


Stalking, as defined under Florida law, involves repeated, unwanted following, harassment, or cyberstalking that causes significant emotional distress to the victim without legitimate purpose. It’s not limited to former romantic partners; it can involve acquaintances, family members, or even strangers. The key elements are the repetitive nature of the behavior and its impact on the victim’s sense of safety and well-being.


The law recognizes several forms of stalking:


  • Simple Stalking: Engaging in a pattern of conduct that causes substantial emotional distress to the person targeted and serves no legitimate purpose. This is often considered a first-degree misdemeanor.

  • Aggravated Stalking: This escalates to a third-degree felony when the stalker makes a credible threat with the intent to place the person in reasonable fear of death or bodily injury.

  • Cyberstalking: Using electronic communication to harass, threaten, or cause emotional distress. Depending on the severity and the presence of threats, this can range from misdemeanor to felony charges.

The nuances of stalking laws reflect the complexity of human interactions and the profound impact of repeated harassment on individuals. At the Law Office of Albert Quirantes, Esq., we understand these nuances and the importance of a defense that recognizes the difference between misinterpreted actions and genuine harassment.


Defending against stalking charges requires a comprehensive approach that considers the context of the interactions, the intentions behind them, and the perceived impact on the alleged victim. Our legal team meticulously examines the evidence, challenges the portrayal of actions as threatening or unwanted, and argues for the consideration of the defendant’s rights and intentions.


If you find yourself accused of stalking, it’s critical to seek legal counsel promptly. Stalking charges carry not only legal consequences but also social and professional ramifications. At Albert Quirantes Esq. Criminal DUI & Ticket Lawyers, we are committed to providing a robust defense for our clients, ensuring their actions are fairly represented and their rights protected.



Contact us at (305) 644-1800 to discuss your case. With our experienced legal team, you have an advocate ready to navigate the complexities of stalking laws and fight for the best outcome for you.


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