Miami Cyberstalking Lawyers
An Accusation of Cyberstalking Must Be Taken Seriously
Do not underestimate the potential impacts of cyberstalking allegations. If you are under investigation for or facing accusations of cyberstalking, your reputation and freedom are on the line.
Federal laws exist for any type of stalking, including cyberstalking. Using electronic communications technology to threaten bodily injury or death or create emotional distress to an individual could be charged as a federal crime.
In addition, the federal Computer Fraud and Abuse Act may also apply, particularly when it comes to secret pictures and audio and video recordings accessed illegally from an alleged target’s computer. Threats of using those images can have serious consequences, mainly when distributed by a phone, a computer, or the Internet.
With over 35 years of combined legal experience, our team at Beckham Law Firm is highly qualified and prepared to handle your case. If you are facing these charges, we urge you to discuss your rights and options with our Miami cyberstalking attorneys. Your initial consultation is free and confidential, and you can trust that we will be honest and straightforward in our assessment of your federal cyberstalking case.
You can’t afford to waste any time when you are facing cyberstalking charges. Call (786) 244-8010 or contact us online today.
What Is Cyberstalking?
In Florida, cyberstalking refers to the act of using electronic communication to repeatedly harass, threaten, or intimidate another person. This behavior can include sending threatening e-mails or text messages, posting harmful or false information about someone online, or using social media to track and harass an individual.
More specifically, according to Florida statute section 784.048(d), cyberstalking is defined as engaging in conduct that communicates through words, images, or language by use of e-mail or other electronic communication or accessing (attempting to access) online account information of another person without permission, causing emotional distress without “legitimate” purpose. Cyberstalking may also include any intentional act that puts a victim “in reasonable fear” of injury or death or any act that causes “substantial emotional distress” – when committed using any “interactive computer service or electronic communication device” such as social media sites, e-mail, texting, or any form of cellphone, Internet, or computer-based communication.
Cyberstalking may involve one or more of these acts:
- Harassment
- Stalking
- Unwanted contact
- Sexual abuse
- Blackmail
- Extortion
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Potential Defense Strategies for Cyberstalking
One potential defense strategy for these charges is to challenge the intent behind the communications, arguing that you never meant to harass, intimidate, or instill fear and that your communications were instead benign or misinterpreted. Additionally, depending on the circumstances, we could argue that your actions served a legitimate purpose, such as attempting to collect a debt or recover property.
Another strategy might involve questioning the reliability and integrity of the digital evidence presented by the prosecution. This can include demonstrating that the evidence was tampered with, is incomplete, or does not directly link the accused to the alleged cyberstalking activities. Expert testimony on the limitations and potential flaws of digital forensics can play an important role in raising reasonable doubt.
Furthermore, we may seek to establish an alibi, showing that during the times in question, you were not in a position to send the electronic communications or otherwise engage in the alleged behavior. We can also potentially bring in character witnesses to vouch for your nature and behavior, suggesting that cyberstalking is inconsistent with your known actions and personality.
Finally, we may invoke First Amendment protections if the communications in question can be demonstrated to fall under free speech. This defense is particularly challenging and context-specific, necessitating a precise argument that your communications were lawful expressions rather than criminal behavior.
Do not wait to discuss your defense options with our Miami cyberstalking attorneys! Call (786) 244-8010 or contact us online today.
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"They fought to be sure my side was heard and that I was treated fairly."The Beckham Law Firm has been a tremendous help with my case. I cannot thank their team enough for the time, attention, and understanding with my case. Forever grateful for their help with case. Truly a phenomenal team!- Shannon F.
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