Will a stalking conviction affect my custody case?
Yes. A stalking conviction, particularly one involving a former partner or family member, can significantly affect custody proceedings. Courts consider violence and threatening behavior when evaluating parental fitness and the best interests of the child.
Can stalking charges be dropped if the accuser recants?
The prosecutor makes the charging decision, not the accuser. However, an accuser’s recantation undermines the prosecution’s case and can be powerful evidence for the defense. The prosecutor may still pursue charges based on other evidence, but the case becomes significantly weaker when the primary witness recants.
What is aggravated stalking?
Aggravated stalking occurs when the defendant makes a credible threat to the victim during the course of stalking, stalks a minor under 16 years of age, or stalks in violation of a court order such as an injunction for protection. Aggravated stalking is a third-degree felony carrying up to 5 years in prison.
Can I be charged with stalking for sending text messages?
Yes. Florida’s cyberstalking provisions cover electronic communications including text messages, emails, and social media. If the messages are part of a course of conduct that serves no legitimate purpose and causes substantial emotional distress, they can form the basis of a stalking charge.
What is the difference between stalking and harassment?
Under Florida law, harassment is a component of the stalking definition. Stalking requires willful, malicious, and repeated following, harassing, or cyberstalking of another person. Harassment is defined as a course of conduct directed at a specific person that serves no legitimate purpose and causes substantial emotional distress. A single act of harassment does not constitute […]
Can I use deadly force to protect my property?
Deadly force is generally not justified solely to protect property. However, if the threat to your property also involves a threat to your life, the life of another, or the commission of a forcible felony such as robbery, burglary, or carjacking, deadly force may be justified.
Do I have to retreat before using force in Florida?
No. Florida law expressly eliminates the duty to retreat. You may stand your ground and use force, including deadly force, whenever you reasonably believe it is necessary to prevent imminent death, great bodily harm, or a forcible felony, as long as you are lawfully present and not engaged in criminal activity.
Can I still claim self-defense if the immunity motion is denied?
Yes. Denial of the pretrial immunity motion does not prevent you from arguing self-defense to a jury at trial. The standard at trial is different: the jury evaluates self-defense as part of its determination of guilt beyond a reasonable doubt. You can also appeal the denial before trial through a writ of prohibition.
What is an immunity hearing?
A pretrial hearing where the defense argues that the use of force was justified under Florida law. If the defense makes a prima facie case, the prosecution must disprove the claim by clear and convincing evidence. If the prosecution fails, the charges are dismissed before trial.
What is the difference between Stand Your Ground and the Castle Doctrine?
Stand Your Ground applies anywhere you have the legal right to be and eliminates the duty to retreat before using force. The Castle Doctrine specifically applies to your dwelling, residence, or occupied vehicle and creates a presumption that your fear of death or great bodily harm was reasonable when someone unlawfully enters. Both are codified […]
