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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.

Multiple Charges Case Dismissed
Aggravated Assault w/ Deadly Weapon, Domestic Violence, and Child Abuse - At 4:28 PM, officer was dispatched in reference to a domestic disturbance between a father and son. Upon arrival, the officer made contact with the Defendant who stated he had a physical altercation with his father. The Defendant stated that he arrived to the residency where he lives with his mother and father; and then a verbal argument ensued with his father which led them to confronting each other in the backyard of the residence.
2nd Degree Murder – Case Dismissed
At 7:43 PM, the Defendant who was a Miami-Dade Public Transit employee surrendered at the Miami-Dade Police Department. The Defendant and the victim engaged in a heated verbal dispute over which exit door the victim was supposed to utilize. The victim was belligerent and yelled obscene remarks to the Defendant who remained on the driver’s seat.
Felony Case Dismissed
Felony Exploitation - The Defendant was employed as social workers and assigned as the caretaker of several elderly people including the 68 years old victim. The Defendant was in a position of trust and had access to the social services office where the victim’s money was kept in a locked box. The box was checked on 07/22/2019 and was missing $200. The Defendant denied taking the money and was taken into custody on a separate charge.
Battery Case Dismissed
Battery on a Elderly Person - At 5:59 PM, law enforcement was dispatched in reference to domestic battery between husband, wife and daughter. Upon arrival, the officer made contact with victim 1 who was in distress and crying. Victim 1 stated that the Defendant became upset while at home and that the Defendant started to break things around the house then pulled her hair while he would break her face to put up a right fist. Victim 1 stated that she has been living in fear since she married the Defendant.
Domestic Violence Case Dismissed
Domestic Violence Strangulation - At 4:38 PM law enforcement began to investigate, both the Defendant and Victim 1. The Defendant was taken into custody and taken into interview room for further questioning. The Defendant admitted that he and victim 1 were involved in a verbal dispute but denied that the incident ever became physical. The Defendant and the victims were inside the Defendants vehicle when the argument occurred.
Felony Case Dismissed
Felony Drug Possession - At 3:47 AM, law enforcement officer observed the Defendant sitting on the bus stop past curfew. The officer conducted a subject check to find the reasons the Defendant was stationary at the location. The Defendant stated that he was playing a game that required him to be seated. The officer then conducted a pat down and a sharp pointy object was discovered in the Defendant’s left pocket.

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Federal Charges Don’t Have to Define You Protecting your rights with experience on both sides of the law

Our team understands how federal cases are prosecuted and defended. With a former prosecutor and a former public defender on your side, we craft strategic defenses aimed at achieving favorable outcomes while safeguarding your rights, freedom, and future.

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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

Do not wait to discuss your defense options with our Miami cyberstalking attorneys! Call (786) 244-8010 or contact us online today.

Can Cyberstalking Become a Federal Crime?

Cyberstalking is frequently a federal crime. The offense often falls under the federal statute as part of the Violence Against Women Act of 2005, which was amended in 2013 to include stalking by Internet or phone. Federal cyberstalking charges may apply even if the alleged perpetrator and victim live in the same jurisdiction.

At the federal level, cyberstalking is punishable by a fine of up to $250,000 and up to five years in prison. If cyberstalking results in the death of the victim, a life sentence may be imposed. Furthermore, the FBI or another federal agency will investigate federal cyberstalking cases. The U.S. Attorney’s Office will prosecute them. The resources and personnel you are up against at the federal level will present a formidable opponent, and you need a team that can match and surpass them. Our Miami cyberstalking lawyers have the experience, knowledge, and resources to effectively fight these charges.

Being accused of cyberstalking does not mean you will be automatically convicted. These types of cybercrimes are complicated, particularly during an age of cutting-edge technology that can be manipulated to conceal identities – specifically fake caller IDs. You have the right to legal counsel, and it is in your best interest to exercise this right. At Beckham Law Firm, we know how to fight for our clients’ rights in federal court and can take the necessary steps to confront an investigation or allegations head-on.

How Is Cyberstalking Proven at the Federal Level?

At the federal level, proving cyberstalking involves demonstrating that the accused engaged in a pattern of behavior that constitutes harassment or intimidation through electronic communication. The prosecution must provide evidence showing that the defendant knowingly and intentionally used devices such as computers, phones, or other digital means to instill fear or significant emotional distress in the victim. Key elements often considered include the frequency and nature of communications, any direct threats made, and the impact on the victim's mental health and daily life.

Evidence can include digital footprints, such as saved e-mails, social media messages, and text messages that demonstrate the harassing behavior. Additionally, forensic analysis of electronic devices can reveal patterns of communication and attempts to conceal the activity. Testimonies from victims and witnesses can also be crucial in corroborating the timeline of events and the psychological impact on the victim.

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.

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We know Criminal Law. With years of former prosecution experience and a longstanding reputation for achieving favorable outcomes for our clients, you can trust us to employ a strategic defense strategy for your unique case.
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Our attorneys are highly skilled litigators, empowering us to represent your best interests at every stage of the criminal process. From initial arraignment hearings to pre-trial motions to criminal litigation, we can provide a formidable defense in and out of the courtroom.
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With over 10,000 cases handled and over a 90% success rate, put decades of experience in your corner with Beckham Law Firm. We can diligently protect your rights from start to finish.

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