Florida Cyberstalking Lawyer

Cyberstalking Charges? Fight Your Charges with Mike G Law

Don’t face cyberstalking charges alone. Mike G Law is an experienced Florida cyberstalking lawyer who will defend you against charges with honest and fair representation.
Florida Cyberstalking Lawyer

Facing Cyberstalking Charges? Fight Your Charges with Mike G Law

Don’t face cyberstalking charges alone. Mike G Law is an experienced Florida cyberstalking lawyer who will defend you against charges with honest and fair representation.
cyberstalking lawyer

Cyberstalking is a serious crime in Florida. There are both misdemeanor and felony charges; which one you face depends on the specific circumstances surrounding the situation. You may also face federal charges for certain types of cyberstalking crimes. However, no matter what type of cyberstalking charges you face, hiring an experienced cyberstalking lawyer to defend your name is crucial to successfully fighting them.

What Is Cyberstalking?

Cyberstalking can take several forms, including direct threats, internet harassment, and online bullying. Florida Statute §784.048 (1)(d) defines cyberstalking as communicating or causing “to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.” This definition includes various forms of electronic communication, including email, social media posts, texting, and websites.

Examples of cyberstalking include:

  • Doxxing: Publishing someone’s personal information, such as a home address, bank information, or phone number, without their consent.
  • Location tracking: Using a GPS device or phone to track someone’s location without their consent. This is becoming increasingly common as more cars and trucks offer location services.
  • Making online threats: Sending electronic communications (email, social media, etc.) that convey a threat.
  • Making unwanted electronic communications: Emailing, messaging, or otherwise using electronic means to contact someone despite a lack of response or a request to stop. Messages may be threatening, harassing, or generate fear, but that is not required. For example, sending repeated social media friend requests to someone who has asked you to stop could be considered harassment.
  • Sexual cyberharassment: Also called revenge porn, this occurs when someone publishes explicit photos of another individual without their consent. Florida statutes specifically define sexual cyberharassment and outline penalties for it.

It is crucial to seek the advice and representation of an experienced cyberstalking defense attorney if you have been charged with this crime. The sooner you start developing a defense strategy, the better. If convicted, penalties can include fines and up to five years in prison.

Mike G Law is a no-nonsense firm founded by a former Florida Assistant District Attorney. Mike G works diligently to represent every client in the most effective way possible. During your initial consultation, he will review your case and provide an honest assessment of your options for fighting cyberstalking charges.

What Is Substantial Emotional Distress?

Florida requires cyberstalking to induce substantial emotional distress yet does not specifically define it. However, legal precedent established substantial emotional distress as a level of distress greater than what is experienced in normal, day-to-day living. It is often described as disruptive to individual tranquility and includes feelings of:

  • Nervousness
  • Uneasiness
  • Unhappiness

It is important to note feelings are very subjective. To prove cyberstalking, the action must be of a nature that would typically create a feeling of substantial emotional distress in a reasonable person. That threshold leaves some room to build a defense against stalking claims.

What Are Florida’s Cyberstalking Laws?

Florida statutes detail two classes of cyberstalking laws: misdemeanor stalking and aggravated stalking.

Misdemeanor Cyberstalking

Cyberstalking is a misdemeanor of the first degree in Florida. If found guilty of misdemeanor cyberstalking, you could face up to a year in jail and a $1,000 fine for a first offense. Some examples of what it might look like include:

Online Bullying

Sending threatening or harassing text messages
Sharing another person’s personal information online

Aggravated Cyberstalking

Some stalking situations have extenuating circumstances that elevate them to a more serious charge of aggravated cyberstalking. Examples of such circumstances include:

  • The victim has an active restraining order against the accused for domestic, repeat, dating, or sexual violence.
  • There is an active court order prohibiting contact between the accuser and the accused.
  • The accused has a history of domestic violence or violent behavior.
  • The victim is a minor under 16 years old.
  • The accused has prior convictions for sexual misconduct or any violation of Florida’s Computer Pornography and Child Exploitation Prevention Act.

Aggravated cyberstalking is a third-degree felony in Florida. It carries a maximum penalty of five years in prison and a $5,000 fine.

Federal Cyberstalking Laws

The ubiquitous nature of electronic communications can remove physical barriers and increase the likelihood of a crime occurring over multiple states or across federal jurisdiction. As a result, you may face federal as well as state charges.

Title 18, U.S. Code 2261A covers federal stalking crimes, including cyberstalking. U.S.C. 2261A began as a part of the 1996 Violence Against Women Act. Legislators have expanded it over the years to include harassment and threats that occur through electronic communications.

Federal prosecutors must show multiple acts that violate this code to effectively argue federal cyberstalking charges. They also must demonstrate that the accused physically crossed state lines to commit the act.

What Are Cyberstalking Penalties in Florida?

Any stalking charges can have serious consequences, and you should treat them accordingly. Penalties for cyberstalking depend on several factors, including:

  • The severity of the crime
  • The age of the victim
  • Extenuating circumstances, such as violating a protection order

Misdemeanor cyberstalking carries a penalty of up to one year in prison and a fine of up to $1,000. Judges may impose a lower penalty.

Aggravated cyberstalking carries a penalty of up to five years and a fine of up to $5,000. Any sentence may be ordered to run consecutively with others handed down for related charges, such as indecent exposure or violating a court order. This can significantly extend the time convicted stalkers spend in prison.

Judges may also impose specific orders based on each case. For example, they may order the accused to avoid contact with the accuser for up to 10 years. Failure to comply will increase the severity of any future charges.

Choose an Experienced Cyberstalking Lawyer

Cyberstalking is a serious crime that can carry a punishment of up to five years in prison plus fines. Mike G Law provides comprehensive representation from a cyberstalking lawyer with experience as a prosecutor and defense attorney. Contact Mike G Law to schedule an initial consultation.

FAQs About Cyberstalking Charges

As more and more people embrace electronic communication and social media, more questions arise about cyberstalking. If you have further questions, our office can help.

What Qualifies as Cyberstalking in Florida?

To qualify as cyberstalking, a behavior typically must meet the following five markers:

  • Communication through electronic methods
  • Repeated, unwanted contact
  • Harassing or threatening behavior
  • Creating a feeling of fear
  • Performed with criminal intent

What Should You Do First After Being Charged with Cyberstalking?

It is imperative to hire an experienced and knowledgeable cyberstalking lawyer as soon as possible after a cyberstalking or other criminal charge. This gives you the best opportunity to counter the charges and build a case. Be sure to provide honest and complete information during your initial appointment to provide a clear picture of the situation that led to the charges. Depending on the exact situation, your attorney may advise fighting the charges in court or accepting a plea for a lesser charge.

What Is a Federal Cyberstalking Charge?

Title 18, U.S. Code 2261A covers behavior that is intended to harass, injure, intimidate, or cause reasonable fear of another individual, either in person or through traditional or electronic communication. It applies to stalking behaviors that cross state lines or enter federal jurisdictions. Violating it is a federal felony punishable by up to five years in prison and fines up to $250,000. Actual sentences can vary significantly depending on the specific acts committed.

What Are Some Examples of Behaviors Considered Cyberstalking?

Some behaviors that may be cyberstalking include sending unwanted, harassing, or threatening emails or social media messages; distributing inappropriate photos online without permission; using GPS to track someone’s location without their permission; and tracking someone’s computer or internet use. These behaviors have to cause fear or injury to qualify as cyberstalking.

How Can I Defend Myself Against Cyberstalking Charges?

There is not a clear, single way to effectively defend yourself against this type of charge. However, there are several proven strategies that we use to help clients. For example, prosecutors face many gray areas when pursuing cyberstalking charges. In some situations, the ambiguity they create may open doors to effectively argue your case.

The single most important step you can take is to hire an experienced and proven cyberstalking defense attorney. When you hire a cyberstalking lawyer, you gain an ally who will investigate the charges and reported crime, gather evidence to show your innocence, and handle all communication with law enforcement and prosecutors. Attorneys also help maintain accurate records of all communication.

What Are Common Cyberstalking Charges in Florida?

Misdemeanor and aggravated cyberstalking are the two most common cyberstalking charges filed in Florida. They cover many electronic acts that fall under the umbrella of stalking behavior. Additional charges may include federal stalking charges for crimes that cross state lines and violating injunctions. Florida statutes allow victims of cyberstalking to seek injunctions against their stalkers. Violations of these injunctions are common causes of new charges.

Let Mike G Help Protect Your Rights

The decisions you make after you have been arrested can determine the outcome of your case — and possibly your life. Call Mike G Law at 813-221-4303, or contact me online.

Contact Mike G Now

* Complete all required fields

"*" indicates required fields


I would do more than 5 stars if it was available. Mr. Gonzalez was outstanding. Told everything how it was, very responsive to call and email. Fought very hard to get my husband the outcome he received. If We were to ever need a attorney in Florida again, We would use him as many times as We needed. We highly recommend to anyone looking for an awesome attorney to go with Mike G Law!!! He gets to the point!!!

Ashley F.

I cannot recommend Mr Gonzalez enough. He is extremely professional as is his entire firm. Mr Gonzalez has been very knowledgeable and forthcoming throughout the entire legal process. I highly recommend him and a definite five star!

Bonnie B.

Mike G. is a great attorney. Very professional, very punctual, easy to talk to. Thanks to him my case was dismissed charges dropped.

Eric G.

I was able to text or call Mike anytime I needed to. He worked with me, on a real level and communicated realistic expectations for my situation. Thanks again guys.

Nicole S.

I wish I could give Mr. González 10 stars out of 5. He is a stellar and highly competent criminal justice attorney. Mr. González has effectively given me a second chance at life thanks to his deep and professional knowledge of criminal law. I was facing a very serious crime that carried a considerable period of imprisonment. But thanks to his incredible talent, sheer strength of intelligence, and a strong heart to fight for an individual’s values, I can now rest easy knowing that I will not have to suffer through the penal system. If you ever have a problem with the criminal justice system, I highly recommend that you hire this remarkable gentleman to fight for you in your case. I owe you a tremendous debt for your services. He gave me back my life and I will always be grateful. Thank you Mr. Gonzalez!

Shaler B.

Mike took care of my legal and civil case and was very helpful and Professional. He was responsive to all my questions and gave me updates as I asked for them. He helped get me in a position to see my son again which I am extremely grateful for. Thank you and God bless!

William W.