Stalking Defense Lawyer in Miami
Accused of Stalking in Miami? Get Clear Defense Guidance
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 criminal record. Repeated contact, texts, emails, social-media activity, location-related evidence, or alleged threats can all become part of the accusation.
At Law Office of Armando J. Hernandez, P.A., we defend people facing these accusations. We take the time to understand what happened from your point of view, explain the criminal and injunction processes, and keep you informed as your case moves forward.
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 over 20 years of defense experience in your corner. Contact 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 governed under Florida Statute 784.048. The law distinguishes between simple stalking and aggravated stalking, while cyberstalking is included within the statutory stalking offense when the required elements are met.
- Simple Stalking (First-Degree Misdemeanor): Under Florida law, stalking occurs when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. Harassment means a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
- Aggravated Stalking (Third-Degree Felony): A stalking charge may be elevated to aggravated stalking if the person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and:
- Makes a credible threat that places that person in reasonable fear of death or bodily injury.
- Involves an alleged victim who is under 16 years of age.
- Occurs after an injunction for protection (restraining order) or another qualifying court-imposed prohibition has been issued against the defendant.
A course of conduct is a pattern of acts over a period of time, however short, that shows continuity of purpose. Constitutionally protected activity is excluded from that definition. Cyberstalking can involve electronic communications or unauthorized attempts to access online accounts or internet-connected home systems when the statute applies.
Stalking allegations often arise out of breakups, neighborhood disputes, workplace conflicts, or ongoing domestic violence issues. It isn’t 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 & Collateral Consequences of a Stalking Conviction
The consequences of a stalking conviction in Florida can affect your freedom and may create additional legal or practical concerns. The charge, alleged facts, prior record, court orders, and final disposition all matter.
- Simple Stalking
- Classified as a first-degree Misdemeanor
- Punishable by up to 1 year in jail
- Up to a $1,000 fine
- Aggravated Stalking
- Classified as a third-degree Felony
- Punishable by up to 5 years in prison
- Up to a $5,000 fine
- Cyberstalking
- Addressed within Florida’s stalking statute
- The applicable charge depends on whether the facts meet stalking or aggravated stalking requirements
Collateral consequences:
- Injunctions and No-Contact Orders: A court may issue or maintain restrictions on contact, location, or communication. The terms and duration depend on the order and the circumstances of the case.
- Firearm Consequences: Firearm restrictions may apply in some cases depending on the charge, disposition, injunction, and other legal circumstances.
- Employment Impact: An arrest or conviction may appear in background checks and can affect employment decisions, depending on the position and the individual circumstances.
Former Prosecutor Perspective for Stalking Charges
Choosing a stalking charges attorney in Miami is a significant decision. We provide focused, individualized attention and give clients the time and strategic planning their situation requires.
Attorney Armando J. Hernandez served as a prosecutor at the Miami-Dade State Attorney’s Office. That background helps us evaluate how the State may approach police reports, digital evidence, and witness accounts in stalking cases. 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. Attorney Hernandez has been selected for The National Trial Lawyers: Top 100 Trial Lawyers from 2013 through 2026 and has been chosen as one of America’s Top 100 Criminal Defense Attorneys.
How We Defend Stalking Allegations
Stalking cases often turn on patterns of communication, context, and how contact was perceived. Our stalking defense lawyers in Miami-Dade County closely examine the evidence, assess 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 the repeated pattern required under stalking statutes.
- Threat Assessment: Examining whether an alleged credible threat is supported by the available evidence and statutory requirements.
- Digital Evidence Review: Reviewing message history, timestamps, account access, deleted content, metadata, and the surrounding conversation rather than isolated screenshots.
- Potential Legal Defenses: Considering arguments such as insufficient repetition, mutual communication, mistaken identity, or protected-speech concerns.
- Strategic Motion Practice and Negotiation: Evaluating 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.
