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Ramie Altawil
October 15, 2025 Cyberstalking and digital harassment under Florida law are serious crimes that can carry severe penalties. These offenses often involve electronic communication—like text messages, emails, or social media posts—used to cause substantial emotional distress or fear. A recent study found that more than one in four stalking victims experience some form of online harassment. Many cases stem from personal relationships, domestic violence disputes, or misunderstandings that escalate online. At Altawil Law Group, we defend individuals accused of cyberstalking or aggravated stalking, ensuring their rights are protected throughout every stage of the legal process.
Understanding the legal definition of these charges is the foundation for building a strong defense. Cyberstalking laws under Florida Statute § 784.048 apply to both online and electronic conduct. The law makes it a crime to willfully, maliciously, and repeatedly send communications that cause substantial emotional distress to a specific person. These communications can include social media messages, emails, or other online accounts. Our Miami criminal defense lawyer helps clients understand how prosecutors apply this law and the defenses available to challenge the allegations.
Under Florida law, a person commits cyberstalking when they engage in a course of conduct using electronic communication directed at another person, with the intent to harass, intimidate, or alarm that person. This conduct must cause substantial emotional distress and serve no legitimate purpose. The communications may include verbal or nonverbal threats, images, or repeated contact through text messages or social media. Cyberstalking is typically charged as a first-degree misdemeanor punishable by up to one year in county jail. However, serious cyberstalking cases may rise to a third-degree felony, carrying a sentence of up to five years.
Harassment involves repeated contact that causes emotional harm but does not include a direct threat. Aggravated stalking occurs when a person makes a credible threat or violates a court-imposed prohibition, such as a restraining order. If the victim is a minor or the conduct occurs in a domestic violence context, penalties increase significantly. These charges are treated as a third-degree felony, with possible imprisonment and other court-imposed penalties. We work to identify weak evidence, inconsistencies, or constitutionally protected activity to reduce or dismiss the charges.
A credible threat refers to a statement or action that would cause a reasonable person to fear for their own safety or the safety of family members. The prosecution must prove that the person making the threat had the apparent ability to carry out the threat. Many cyberstalking cases fail because the alleged threats are vague, emotional, or taken out of context. We utilize these weaknesses to develop a defense strategy based on reasonable doubt and a lack of intent. At Altawil Law Group, we carefully review the messages, context, and course of conduct to expose false or exaggerated claims.
The law encompasses various forms of online behavior, and what begins as a simple disagreement can quickly escalate into a legal issue. Cyberstalking involves conduct directed at a specific person that causes significant emotional distress or reasonable fear. Under Florida law, even online actions can have serious criminal consequences. At Altawil Law Group, we help clients accused of such conduct understand the law and defend against allegations of cyberstalking.
Repeated messages, emails, or social media comments can create a pattern known as a “course of conduct.” If these messages cause substantial emotional distress to the subject person or her family members, it can lead to criminal charges. Cyberstalking laws prohibit willful and repeated contact that serves no legitimate purpose. We review each case to see whether the messages were misinterpreted or lacked intent to cause harm. Many people are falsely accused after emotional disputes or dating violence situations.
Creating fake online profiles to monitor, harass, or damage someone’s reputation is another form of digital harassment. This conduct may lead to a charge of aggravated cyberstalking, especially if threats were delivered or if a court order was violated. Such acts are taken seriously by law enforcement officers and sentencing courts. We work to uncover evidence showing a lack of control, intent, or probable cause in these accusations. Our legal representation aims to reduce or dismiss charges based on reasonable doubt.
Installing spyware, tracking devices, or using AirTags without consent is illegal under Florida’s cyberstalking laws. These actions can be seen as attempts to monitor a person’s movements or property, thereby causing fear for their safety. Even within personal relationships or domestic violence cases, such conduct can result in serious criminal charges. We help clients defend against claims involving digital monitoring by reviewing evidence and challenging how it was obtained. Protecting our clients from unfair punishment imposed under these circumstances is our top priority.
Traditional stalking under Florida Statute § 784.048 involves a pattern of following, harassing, or monitoring another person that causes substantial emotional distress or reasonable fear. Unlike cyberstalking, traditional stalking typically occurs through physical presence—appearing at someone's home, workplace, or school without a legitimate purpose. Law enforcement officers investigate these cases seriously, particularly when they involve domestic violence situations or violations of protective orders. The prosecution must prove the accused engaged in a course of conduct directed at a specific person with willful and malicious intent. At Altawil Law Group, we defend clients against stalking allegations by challenging the evidence and questioning whether the conduct truly meets Florida's legal standards.
To secure a stalking conviction, prosecutors must establish several key elements beyond a reasonable doubt. They must prove the accused willfully, maliciously, and repeatedly followed or harassed the victim without a legitimate purpose. The conduct must constitute a "course of conduct," meaning multiple acts over time directed at a specific person.
Additionally, the prosecution must show that this behavior caused the victim substantial emotional distress or created a reasonable fear for their safety or their family members' safety. Our criminal defense attorneys scrutinize each element to identify weaknesses in the state's case.
While both offenses involve harassing conduct toward another person, stalking and cyberstalking differ primarily in method. Traditional stalking involves physical surveillance, unwanted in-person contact, or following someone's movements without electronic means. Cyberstalking uses electronic communication like text messages, emails, or social media to harass victims.
Both crimes require proof of a course of conduct and intent to cause emotional distress. However, cyberstalking cases often hinge on digital evidence like message logs, while stalking cases may rely on witness testimony and physical surveillance evidence documented by law enforcement officers.
A conviction for cyberstalking carries serious and lasting legal repercussions. The punishment imposed can include jail time, heavy fines, and long-term restrictions on personal freedom. The sentencing court may also issue a restraining order or other court-imposed prohibition to protect victims. At Altawil Law Group, we strive to minimize the sentence imposed and defend the rights of those facing allegations of cyberstalking.
First-degree misdemeanor cyberstalking can result in up to one year in county jail. Aggravated cyberstalking, which includes credible threats or violations of protective orders, is a third-degree felony. The sentence can range from five years in prison to large fines. Our law office works to challenge evidence, prove a lack of intent, and expose procedural errors made by law enforcement. We build every defense strategy to ensure fair treatment and avoid unnecessary incarceration.
A conviction for cyberstalking can significantly damage a person’s life for years. It can affect employment, housing, and even professional licenses. Employers and schools may reject applicants with serious criminal charges on record. In some cases, the conviction can influence child custody or family law matters. We work to clear or reduce charges to protect our clients’ future opportunities.
An injunction issued after a cyberstalking case can restrict a person's movements, including their residence, workplace, and travel. It may also affect firearm ownership and lead to further charges if violated. These orders are often linked to domestic violence, dating violence, or repeat violence pursuant to cases. Our attorneys challenge unfair restrictions and seek modifications when appropriate. We aim to ensure that no former sentence or present incarceration unfairly limits our clients’ rights or safety.
An accusation of cyberstalking is not the same as a conviction. Many cases arise from emotional situations, misunderstandings, or disputes tied to dating violence or sexual violence claims. Florida law requires proof of intent, credible threats, and conduct consisting of repeated acts that cause such harm or fear. At Altawil Law Group, we focus on exposing weak evidence and building strong, fact-based defenses. Our goal is to protect your rights, your freedom, and your reputation while preventing future violations of your legal rights.
One of the strongest defenses is proving there was no intent to harass. Many communications are attempts to reconcile, explain, or discuss shared issues about family or property. The law requires that the conduct be willful and malicious, not accidental or emotional. We examine text messages, emails, and social media posts to show that they served a legitimate purpose. Our defense often proves that what seemed threatening was actually part of a personal disagreement, not criminal behavior.
Cyberstalking charges often involve speech protected under the First Amendment. Not every angry message or harsh comment qualifies as a threat. To prove guilt, the prosecution must show a credible threat that caused the victim to fear for his or her safety or for a person’s property. We challenge whether those statements were true threats or simply emotional expressions. In some cases, we argue that the conduct was part of constitutionally protected activity, such as organized protests or other forms of protest.
False claims of cyberstalking sometimes appear in heated divorce or child custody disputes. A victim commits perjury or exaggerates details to gain an advantage in family court. We investigate motives, collect digital evidence, and identify inconsistencies in the accuser’s story. Our attorneys also expose when a person uses past emotional conflicts or dating violence claims to manipulate the system. At Altawil Law Group, we fight to ensure that no client is falsely accused or punished without proof beyond a reasonable doubt.
Cyberstalking can be a misdemeanor or a felony. It becomes a felony if it involves a credible threat or violates a court-issued restraining order.
Yes. If the posts are part of a repeated pattern meant to harass or cause emotional distress, they may result in criminal charges and serious legal consequences.
Do not contact the accuser. Exercise your right to remain silent and contact a defense lawyer at Altawil Law Group for immediate legal representation.
Harassment often involves a single offensive message. Stalking requires a “course of conduct,” meaning multiple actions over time directed at a specific person.
Usually not. However, one message that includes a credible threat or causes fear for someone’s safety may result in other criminal charges or investigations.
These cases are aggressively prosecuted. When anyone commits this offense, the penalties can be severe. We provide skilled defense to minimize the legal consequences.
Cyberstalking charges can destroy your reputation and freedom. A conviction can result in jail time, heavy fines, or long-term restrictions that affect every part of your life. When digital communication or other organized protests are misinterpreted, innocent individuals can face severe consequences. At Altawil Law Group, we know how to challenge weak evidence, question intent, and protect your rights in court.
We take every case seriously because we understand what is at stake—your future, your name, and your freedom. With our experience in Florida cyberstalking laws, we guide clients through each step of the legal process. If you are facing allegations of cyberstalking or digital harassment, do not face the legal system alone. Contact Altawil Law Group today for a confidential case evaluation and a robust defense.
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