Stalking Defense Lawyer in Miami

Accused Of Stalking In Miami? Contact the Law Office of Armando J. Hernandez

Being accused of stalking or cyberstalking can turn your life upside down in a single day. You may be arrested, ordered not to contact someone you care about, and suddenly worried about jail and a permanent criminal record. In this situation, you need clear guidance and calm, informed advice.

At Law Office of Armando J. Hernandez, P.A., we help people who are facing these kinds of accusations. Our goal is to protect your freedom, your record, and your future while guiding you through every step of the criminal and injunction process. You can speak with us confidentially, and we will take the time to understand exactly what happened from your point of view.

Our firm is led by attorney Armando J. Hernandez, a former prosecutor with over 20 years of experience in Florida criminal law. This background gives our team a practical understanding of how the State Attorney’s Office evaluates and prosecutes stalking cases, and we use that insight to build focused defense strategies for our clients.

Put +20 years of defense experience in your corner. Contact the Law Office of Armando J. Hernandez, P.A. for a free initial case review. We are available 24/7 at (305) 400-0074 or through our contact form.

Understanding Stalking Laws in Florida

Stalking is strictly regulated under Florida Statute § 784.048. The law distinguishes between "Simple Stalking" and "Aggravated Stalking," both of which carry severe penalties.

• Simple Stalking (First-Degree Misdemeanor): Under Florida law, stalking occurs when a person "willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person."
• Aggravated Stalking (Third-Degree Felony): A stalking charge is elevated to Aggravated Stalking if the person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and:
  • Makes a credible threat to that person with the intent to place them in reasonable fear of death or bodily injury.
  • The victim is under 16 years of age.
  • The conduct occurs after an injunction for protection (restraining order) has been issued against the defendant.

Stalking allegations often arise out of breakups, neighborhood disputes, workplace conflicts, or ongoing family issues. It is not unusual for one side of the story to be heard first or for messages to be taken out of context. 

When we handle these cases, we look at the entire relationship history and pattern of communication. Our role is to help you present your side in a structured way that fits within Florida law and the practices of the Miami-Dade criminal courts.

Penalties and Collateral Consequences of a Stalking Conviction

The consequences of a stalking conviction in Florida are far-reaching and can impact your freedom and civil rights.

• Simple Stalking
  • Classified as a 1st Degree Misdemeanor
  • Punishable by up to 1 year in jail
  • Up to a $1,000 fine
• Aggravated Stalking
  • Classified as a 3rd Degree Felony
  • Punishable by up to 5 years in prison
  • Up to a $5,000 fine
• Cyberstalking
  • May be charged as a misdemeanor or felony
  • Penalties depend on the severity of the conduct and whether credible threats are involved

Collateral Consequences:

• Permanent Restraining Orders: A stalking conviction often results in a permanent injunction, which can restrict where you live and work.
• Loss of Firearm Rights: Felonies and domestic violence-related misdemeanors can lead to the forfeiture of your Second Amendment rights.
• Employment Impact: Most employers conduct background checks, and a "stalking" or "harassment" label is often an automatic disqualifier for many positions.

Why Choose The Law Office of Armando J. Hernandez, P.A. For Stalking Charges

Choosing a stalking charges attorney in Miami means placing your freedom, reputation, and relationships in someone else’s hands. Our firm understands the weight of that decision and is committed to providing focused, individualized attention. We treat every case as serious and personal, ensuring that each client receives the time and strategic planning their situation deserves.

Attorney Armando J. Hernandez brings years of experience as a former prosecutor in Florida courts. That background helps us anticipate how the State builds stalking cases, from police reports to digital evidence. We carefully review messages, social media activity, call logs, and witness statements to understand the full context rather than relying on assumptions.

As a boutique criminal defense firm, we limit our caseload to dedicate meaningful resources to each client. We are available 24/7 for urgent situations and offer Spanish-language services for those who prefer to communicate in Spanish. Our work has been recognized by respected legal organizations, and we prioritize clear communication so clients always understand their options.

How Our Team Fights Stalking Allegations

Defending against stalking allegations requires a detailed, strategic approach focused on the specific facts of your case. These matters often turn on patterns of communication, context, and how contact was perceived. 

As a stalking defense lawyer in Miami-Dade County, our role is to closely examine the evidence, challenge weaknesses in the State’s case, and develop a defense strategy aligned with your goals.

Our approach to defending stalking charges:

• Comprehensive Evidence Review: Careful analysis of police reports, witness statements, screenshots, call records, location data, and audio or video recordings collected by law enforcement.
• Contextual Comparison: Cross-checking the State’s evidence with your account to identify inconsistencies, missing information, or alternative explanations.
• Course-of-Conduct Analysis: Evaluating whether the alleged actions legally qualify as a repeated pattern required under stalking statutes.
• Threat Assessment: Examining whether alleged threats are clearly supported by objective evidence.
• Potential Legal Defenses: Considering arguments such as insufficient repetition, mutual communication, mistaken identity, or protected speech concerns.
• Strategic Motion Practice & Negotiation: Filing appropriate motions, engaging in discussions with prosecutors in Miami-Dade County, and preparing for trial when necessary.
• Ongoing Client Communication: Providing updates, explaining developments, and ensuring you understand each stage of the legal process.

Our goal is to ensure you are informed, prepared, and actively involved in building a defense tailored to your circumstances.

Speak With Our Stalking Defense Attorney in Miami About Your Case

If you are facing stalking or cyberstalking accusations in Miami, you do not have to navigate this alone. Talking with a criminal defense lawyer early can help you understand your options, avoid common mistakes, and begin protecting your future.

We are available around the clock, and we can speak with you or your family in English or Spanish. When you are ready to take the next step, reach out and let us review your case with you.

Call (305) 400-0074 or contact us online to speak with our team today.