A quick visit to drop off belongings after a breakup takes a sharp turn when the other person calls law enforcement, claiming you’re “showing up uninvited.” Before you know it, deputies are asking questions, and the fear of being misunderstood and charged becomes very real.
If you’re in this position, you’re not alone. Many people in Kissimmee face accusations they never expected. Having an experienced stalking charges lawyer on your side can mean the difference between a dismissed charge and a criminal record that impacts your future.
Understanding What Florida Considers “Stalking”
Florida law defines stalking as the willful, malicious, and repeated following, harassing, or cyberstalking of another person. To convict someone, the State must prove:
- At least two separate acts,
- Those acts were intentional and without a lawful purpose, and
- The alleged conduct caused emotional distress or fear in the other person.
Aggravated stalking raises the stakes by adding a credible threat, a violation of an injunction, or conduct involving a minor.
These cases can be highly fact-dependent, which is why early legal guidance matters.
Your Rights When Facing a Stalking Charge
Even when accusations feel overwhelming, you still have critical legal rights:
- The right to remain silent and avoid making statements that can be misinterpreted,
- The right to consult with an attorney before speaking with police,
- The presumption of innocence, and
- The right to challenge the State’s evidence, witnesses, and interpretations.
Our experienced stalking charges attorneys can help protect these rights from the moment you reach out.
Real-World Actions That Can Lead to Stalking Charges
Many people charged with stalking don’t realize their behavior crossed a legal line. Often, the issue stems from a misunderstanding, miscommunication, or actions taken during a stressful breakup or family conflict. Common everyday scenarios that lead to charges in Kissimmee include:
- Sending repeated messages—emails or texts sent during a heated argument that are later interpreted as harassment;
- Showing up at shared spaces—returning to pick up belongings and being accused of intentionally following the other person;
- Unintentional encounters—frequenting the same gym, store, or workplace and being accused of purposeful presence;
- Online activity—views or reactions to posts that the other person claims is unwanted digital contact; and
- Third-party communication—asking a mutual friend to “check in” or pass along a message that becomes indirect contact.
These cases can escalate quickly, especially if there’s a pending breakup, custody issue, or prior police involvement.
Penalties for Stalking in Kissimmee
Stalking is typically a first-degree misdemeanor, punishable by up to one year in jail and fines.
Aggravated stalking is a third-degree felony, which can lead to:
- Up to 5 years in prison,
- Felony probation,
- Court-ordered counseling or mental health treatment, and
- A permanent criminal record that affects housing, employment, and immigration status.
These charges also frequently involve injunctions for protection, creating additional risks if the order is violated.
How a Stalking Charges Defense Lawyer Builds Your Defense
Defending stalking cases requires careful legal and factual analysis. A skilled attorney evaluates every detail to identify weaknesses in the State’s narrative. Here are common defense strategies:
- Identifying a lack of credible threat. Some cases involve emotional conversations or repeated communication but no true threat of harm. Without a credible threat, felony charges often cannot stand.
- Challenging the “course of conduct” requirement. Stalking requires proof of repeated acts. If the State cannot prove at least two qualifying incidents, the charge may be dismissed or reduced.
- Showing lawful purpose. Contact may have been related to shared parenting, retrieving property, or resolving financial responsibilities.
- Arguing the misinterpretation of behavior. What may be meant as a harmless message to limit communication or a simple stop at a familiar place could be misinterpreted as intentional escalation or unwanted contact.
- Highlighting insufficient or unreliable evidence. Screenshots, texts, and witness statements can be incomplete or taken out of context. Your attorney can challenge how the evidence was collected or interpreted.
A knowledgeable stalking charges lawyer will also assess whether the alleged conduct was protected communication, part of a lawful duty, or exaggerated due to tension between the parties.
How a Lawyer Can Help Get Charges Reduced or Dropped
A skilled defense attorney can:
- Point out inconsistencies in the allegations,
- Negotiate with prosecutors for dismissal when threats or repeated conduct are absent,
- Present evidence of mutual communication, miscommunication, or lawful reasons for contact,
- Advocate for pretrial diversion programs when appropriate, and
- Prevent injunction violations from becoming additional criminal charges.
Early representation is key, especially in emotionally charged cases where facts are often disputed.
Why Moses & Rooth Is the Firm People Trust in Kissimmee
With over 20 years of experience in criminal defense, Moses & Rooth has established a strong reputation across Central Florida courts. As former prosecutors, we understand how stalking cases are built and how to dismantle weak allegations. Every case receives detailed analysis and a strategic defense plan, and our team stays accessible throughout the entire process.
Don’t let stalking allegations decide your future. Call our Kissimmee stalking charges lawyer today for a confidential case review, and take an active step to protect your rights and secure the best possible outcome.