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If you have been charged or are being investigated for aggravated stalking anywhere in Florida a lawyer can fight back against the state to have the charges dropped or dismissed before court. An experienced South Florida aggravated stalking lawyer like Benjamin Herbst will also fight for you in court, and never backs down from a jury trial. Do not gamble with your future by going to court without an experienced and motivated lawyer. Aggravated stalking is a felony under Florida law, and is punishable by up to 5 years in prison, along with the possibility of a permanent criminal conviction. A conviction for aggravated stalking may also come with a 10-year restraining order, which makes the defendant subject to incarceration even when the case is long over. The stalking laws in Florida are complex and police and prosecutors tend to unfairly punish defendants who sometimes have done nothing criminal. In addition to fighting for you in and outside of court, Benjamin is always available to his clients, and takes the time to explain everything that is going on with the case each step of the way. He is available 7 days a week at (954) 543-0305 and can meet in his office locations in Miami, Fort Lauderdale or West Palm. Benjamin also handles cases along the Treasure Coast, and can travel to Martin and St. Lucie Counties to meet at a convenient location.
Stalking becomes aggravated under a few different scenarios according to the Florida criminal code section 784.048. Perhaps the most common type of felony stalking is harassment that includes some type of credible threat to hurt a person or their family member. A threat can be credible regardless of whether it can actually be carried out, as all that is required is for the state to prove the defendant acted as if he or she was able to follow through with the threat. For this reason, numerous defendants are unjustly charged with this offense each year. The unfortunate part is that there does not actually need to be written proof of a threat, and the cases often come down to a he said, she said scenario. Do not risk incarceration by waiting to hire a lawyer or assuming that false charges will eventually be dropped. Stalking cases are often motivated by person vendettas, and prosecutors can be pressured into going keeping a case active by unreasonable victims. Benjamin is a South Florida criminal defense lawyer who specializes in aggravated stalking cases, and can fight to have charges dropped in the pre-file stages, before a criminal information is filed by the state.
A defendant who is accused of stalking, cyberstalking or harassing a juvenile under the age of 16 could also face felony charges in the circuit court regardless of whether a threat occurred. Felony charges for stalking a juvenile will be filed regardless of whether the defendant has no prior record. Anyone who is currently subject to an active injunction for protection also faces the potential of felony charges for violating the injunction with an act of harassment or cyberstalking. In addition, anyone who has been convicted of misdemeanor stalking in the past is at risk of felony charges if it happens again. Judges in Miami-Dade, Broward and Palm Beach Counties take stalking charges extremely seriously, which makes hiring the right attorney key to preserving your freedom and your rights. Keeping his clients out of jail and free of a conviction are the two most important priorities in Benjamin’s legal practice, but he also values being accessible. All clients will be provided with his cell phone and have night and weekend access to him whenever something comes up. Call anytime at (954) 543-0305.