Stalking Defense Attorney in Jacksonville

A Former Prosecutor Defending Stalking Charges in Duval County

A stalking charge in Jacksonville can move faster than most people expect. Under Florida Statute 784.048(6), law enforcement can arrest someone without a warrant on probable cause alone, even when the alleged conduct didn’t happen in front of an officer. That makes the period immediately after an accusation legally critical. At The Law Offices of Kate Mesic, P.A., we represent individuals facing stalking and aggravated stalking charges in Jacksonville and throughout Duval County, and we work to get ahead of the state’s case from day one.

Attorney Kate Mesic served as an Assistant State Attorney in the Fifth Judicial Circuit from 2007 to 2008 before moving to criminal defense. That background shapes how we evaluate these cases: we know how prosecutors build stalking charges, what evidence they rely on, and where their proof is most vulnerable to challenge. Stalking allegations often arise from dissolved relationships, custody disputes, or contested communications, where the line between lawful contact and criminal conduct is genuinely narrow. We take the time to understand your full situation before building a strategy.

If you’re facing a stalking charge in Jacksonville, contact The Law Offices of Kate Mesic, P.A. today at (904) 615-8950 to discuss your case and your options.

What Florida Law Defines as Stalking

Florida Statute 784.048 defines stalking as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. Each of those words carries legal weight. “Willfully” means the conduct was knowing and intentional. “Maliciously” means wrongfully, intentionally, and without legal justification or excuse. “Repeatedly” is where many charges are most contestable.

The statute requires a course of conduct: a pattern of acts over a period of time that evidences a continuity of purpose. A single incident doesn’t meet this threshold. Harassment, the underlying harm the state must prove, means conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. The law also explicitly excludes constitutionally protected activity, such as picketing or organized protest, from the definition of course of conduct.

Stalking Penalties: Misdemeanor to Felony

Basic stalking under Florida Statute 784.048(2) is a first-degree misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000. Aggravated stalking is a third-degree felony carrying up to five years in state prison and a fine of up to $5,000. A conviction at either level can affect employment, housing, and civil rights.

Four pathways can elevate a stalking charge to aggravated stalking:

• Credible threat: The defendant made a verbal or nonverbal threat placing the victim in reasonable fear for their safety or the safety of their family members
• Injunction in place: The stalking occurred while an injunction for protection against domestic violence, repeat violence, sexual violence, or dating violence was in effect, or after any other court-imposed prohibition of contact with the protected person or their property
• Victim under 16: The alleged victim is a child under 16 years of age
• Prior sex offense conviction: A person previously sentenced for sexual battery, lewd or lascivious offenses, or computer pornography stalks the prior victim in violation of a contact prohibition

The sentencing court may also issue a no-contact order restraining a convicted defendant from any contact with the victim for up to 10 years.

Cyberstalking Charges in Jacksonville

Cyberstalking is a defined category under Florida Statute 784.048(1)(d), and it doesn’t require any face-to-face contact. The statute covers two forms: engaging in a course of conduct to communicate words, images, or language by electronic mail or electronic communication directed at a specific person, causing substantial emotional distress, and accessing or attempting to access another person’s online accounts or internet-connected home electronic systems without permission.

In practice, charges can arise entirely from social media activity, text messages, email threads, or online forums. Simple cyberstalking is a first-degree misdemeanor. When the conduct includes a credible threat or violates an existing stalking injunction, it can become aggravated stalking, a third-degree felony. The electronic record in these cases requires careful review before any defense strategy is finalized.

Defenses to Stalking Charges

Stalking charges frequently involve disputed facts, incomplete context, or conduct that had a lawful purpose. We analyze the specific facts of your situation and the nature of the alleged conduct before identifying where the state’s proof is weakest.

Common defense approaches include:

• Legitimate purpose: Contact about shared children, joint finances, or other obligations from a prior relationship may serve a lawful purpose that negates the “no legitimate purpose” element
• Absence of malice: Conduct that lacked an intentional wrongful purpose doesn’t satisfy the statutory definition
• Insufficient course of conduct: An isolated incident or ambiguous sequence of events may not establish the pattern the statute requires
• Credibility of the alleged victim: Where allegations arise from a contentious or dissolved relationship, evidence of motive to fabricate or exaggerate is relevant to the defense
• No credible threat: In aggravated stalking cases, whether an alleged threat would place a reasonable person in fear for their safety is a fact-specific question subject to challenge

When resolution outside of trial serves our client’s interests, we negotiate with prosecutors directly. When it doesn’t, we prepare for court.

Why Jacksonville Clients Choose The Law Offices of Kate Mesic, P.A.

Attorney Kate Mesic earned her Juris Doctorate from the University of Florida Levin College of Law in 2007, receiving the Book Award in Trial Practice. Her time as an Assistant State Attorney gives her a prosecutorial perspective that shapes every defense we build: she understands the evidence prosecutors find compelling and the gaps they find difficult to overcome. That insight applies directly to how we evaluate charges and navigate the Duval County criminal court process. With more than 17 years of criminal defense experience, we treat each case as the unique situation it is.

Clients consistently point to communication as a distinguishing factor. We keep you informed at every stage so you understand what’s happening and why. Attorney Mesic holds a Martindale-Hubbell AV Preeminent rating (2025) and Avvo Clients’ Choice recognition (2026), and she has served in leadership roles, including past-president of the Jacksonville Women Lawyers Association.

Talk to a Jacksonville Stalking Defense Attorney Today

If you’ve been charged with stalking or aggravated stalking in Jacksonville or Duval County, early representation can shape how the case develops. We offer consultations to help you understand your situation and the defense options available to you.

Contact The Law Offices of Kate Mesic, P.A. at (904) 615-8950 or reach us through our online contact form to schedule your consultation.