Orlando Stalking/Harassment Defense Lawyer
Stalking and harassment charges in Orlando carry consequences that reach far beyond the courtroom. A conviction can affect your employment, your housing, your relationships, and your freedom. If you have been accused of stalking or harassment, the most important step you can take right now is to get your side of the story in front of an attorney who knows how to fight these charges. The Wiseman Law Firm provides aggressive criminal defense representation for clients throughout Orlando and Central Florida.
Attorney Simon Wiseman has more than 25 years of trial experience, including his time as a former state prosecutor in Orange County, Orlando. He has successfully defended clients against stalking and harassment allegations — including a case where charges of sexual cyber-harassment and aggravated stalking were dismissed in their entirety during discovery. That kind of result comes from thorough investigation, not guesswork.
Understanding Stalking and Harassment in Orlando, Florida
Florida law treats stalking and harassment as serious criminal offenses. As technology has expanded the ways people communicate, the conduct that may lead to these charges has expanded with it. What may seem like persistent contact to one person can cross into criminal territory in the eyes of the State of Florida. Knowing where that line falls — and whether it was actually crossed — is central to building your defense.
Under Florida Statute § 784.048, stalking and harassment are distinct offenses with their own definitions and elements. Both can carry serious criminal penalties depending on the circumstances.
What Constitutes Stalking in Florida
Stalking involves a willful, repeated pattern of conduct directed at a specific person that causes substantial emotional distress, with no legitimate purpose. To secure a conviction, the State of Florida must establish that the behavior was repeated, intentional, and that a reasonable person in the same situation would also have experienced distress.
Common behaviors that may lead to stalking allegations include:
- Repeatedly following, surveilling, or monitoring another person
- Sending excessive or unwanted messages, emails, or communications
- Showing up uninvited at someone’s home, workplace, or other frequented locations
- Using social media or digital platforms to contact or intimidate another person
Each of these behaviors must be evaluated in context — the full picture of what happened, and why, matters significantly to the outcome of these cases.
Aggravated Stalking
Aggravated stalking is a more serious charge that applies when the accused makes a credible threat of violence, violates a restraining order or court injunction while engaging in stalking behavior, or directs stalking behavior at a minor. This offense is charged as a third-degree felony in Florida and carries significantly harsher penalties than simple stalking.
What Constitutes Harassment in Florida
Harassment is a related but distinct offense. Florida defines harassment as a course of conduct directed at a specific person that serves no legitimate purpose and is intended to alarm, annoy, or disturb that person. Unlike stalking, harassment does not require proof that the victim experienced fear — only that the conduct was intended to disturb or distress them.
Conduct that may lead to harassment charges in Orlando includes:
- Sending excessive or threatening messages, emails, or letters
- Continuously appearing near someone’s home, workplace, or other locations without legitimate reason
- Using social media, online forums, or other digital platforms to intimidate or bully another person
- Making repeated verbal threats or attacks that cause the victim emotional distress
Harassment charges are taken seriously by Florida prosecutors, and even conduct that feels minor in isolation can be treated as a pattern of criminal behavior when viewed cumulatively.
Possible Penalties for Stalking and Harassment in Orlando
The penalties for stalking and harassment in Florida vary based on the severity of the conduct, any aggravating factors, and your prior criminal record.
Simple stalking or harassment charged as a first-degree misdemeanor may result in up to one year in jail, fines of up to $1,000, and probation. Aggravated stalking, charged as a felony, may result in a prison sentence of up to five years, substantial fines, probation following release, and a permanent criminal record. A conviction may also result in a restraining order being entered against you, which carries its own legal obligations and restrictions.
How Attorney Wiseman Defends Stalking and Harassment Cases
Every stalking and harassment case is different. Some allegations stem from genuine misunderstandings. Others involve disputed facts about intent, context, or whether the conduct actually rose to the level required by Florida law. Attorney Wiseman investigates every aspect of the allegations against you — reviewing communications, interviewing witnesses, examining the circumstances of any prior contact, and identifying weaknesses in the prosecution’s case.
In some cases, charges may be reduced or dismissed before trial. In others, the strongest path forward is building a complete defense for the courtroom. Either way, the goal is the same: protecting your rights and achieving the best possible outcome for your case.
Why Choose Attorney Wiseman for Your Defense
Attorney Wiseman brings a distinct advantage to stalking and harassment cases: he spent years as a prosecutor in Orange County, Orlando, trying these types of cases on behalf of the State of Florida. He knows how prosecutors build stalking and harassment cases, what evidence they rely on, and where those cases are most vulnerable to challenge. That insider perspective shapes every defense strategy he develops.
His track record reflects that approach. Over the course of more than 25 years in Florida courtrooms, he has tried over 100 jury and non-jury trials and built a winning record in some of the most difficult cases — including not-guilty verdicts on serious felonies. His clients have recognized this dedication with consistent 5-star reviews on Google, and he makes himself available 24 hours a day so that no client is left without guidance when they need it most. You can review our case results to see the outcomes he has achieved for clients facing charges like these.
Frequently Asked Questions About Stalking and Harassment Charges in Orlando
Can I be charged with stalking in Florida for sending repeated text messages or emails?
Yes. Florida’s stalking statute under Section 784.048 covers cyberstalking — defined as repeatedly communicating electronically in a way that causes substantial emotional distress and serves no legitimate purpose. You do not have to physically follow someone to face a stalking charge in Orlando. Repeated texts, emails, social media messages, or other digital contact can all form the basis of a criminal case if the State of Florida can show the conduct was willful, malicious, and caused the recipient distress. Whether the conduct meets that legal threshold is a factual question, and one that Attorney Wiseman examines carefully when building a defense.
What is the difference between simple stalking and aggravated stalking in Florida?
Simple stalking is a first-degree misdemeanor under Florida law, carrying up to one year in jail and a $1,000 fine. Aggravated stalking is a third-degree felony, punishable by up to five years in prison, and applies when the conduct involves a credible threat of violence, targets a minor under 16, occurs while violating an injunction or protective order, or follows a prior conviction for certain sexual offenses. The distinction between misdemeanor and felony charges has major consequences for your future, which is why Attorney Wiseman’s analysis of what the State of Florida can actually prove is central to every defense strategy he develops in Orlando stalking cases.
What defenses are available against a stalking charge in Florida?
Several defenses may apply depending on the facts of your case. Common approaches include challenging whether the conduct was truly willful and malicious, establishing that the contact served a legitimate purpose — such as co-parenting communication or a lawful business relationship — arguing that the alleged victim’s distress was not objectively reasonable, and demonstrating that the conduct does not meet the legal definition of a course of conduct. In some cases, mistaken identity or false allegations by a disgruntled former partner can be shown through digital evidence, witness testimony, and a thorough investigation. The Wiseman Law Firm has successfully defended clients against stalking and harassment allegations, including a case where charges of sexual cyber-harassment and aggravated stalking were dismissed entirely during discovery.
Will a restraining order be issued against me if I am charged with stalking in Orlando?
Not automatically, but a stalking charge often triggers a petition for an injunction for protection. Florida courts can issue a temporary restraining order on an emergency basis — sometimes without your participation — and then schedule a hearing within 15 days where you have the right to contest it. If a permanent injunction is entered, it can prohibit contact, restrict where you may go, and affect your right to possess firearms. Violations of an injunction carry independent criminal penalties. Having an attorney present at the injunction hearing significantly improves your ability to challenge the petition and limit the scope of any order entered against you.
What should I do immediately after being accused of stalking or harassment in Orlando?
Stop all contact with the accuser immediately and do not attempt to reach out to explain yourself or resolve the situation directly — any further communication could be used as additional evidence against you. Preserve all digital records, messages, and evidence that may support your account of events. Do not discuss the allegations with friends, on social media, or with law enforcement without an attorney present. Contact The Wiseman Law Firm as soon as possible. Attorney Wiseman is available 24 hours a day and can advise you on your rights, begin investigating the facts of your case, and start building your defense before matters advance further in the Orange County court system.
A stalking or harassment charge does not have to define your future. At The Wiseman Law Firm, Attorney Wiseman will fight to make sure your side of the story is heard and that your rights are fully protected throughout the legal process. He is available 24 hours a day for clients throughout Orlando and Central Florida. Contact The Wiseman Law Firm for a free consultation to discuss your case and explore your options.
