If you have been charged with a harassment crime or an obstruction of justice crime in DeLand, Daytona Beach, Deltona, or other Volusia County area, contact the Law Office of Leanna J. Smith right away.
Our experienced and dedicated criminal defense attorneys will fight passionately in your defense, and may be able to help in lessening charges or seek to have the charges against you dropped altogether. If you’re in trouble, we want to help.
Harassment is defined as engaging in a course of conduct that is directed towards a specific person, causing substantial emotional distress that serves no legitimate purpose.
Under Florida Statute 787.02, “False Imprisonment” is defined as forcibly threatening another person to confine, abduct, imprison, or restrain them against their will; or secretly confining, abducting, imprisoning, or restraining another person against their will without lawful authority. Even briefly depriving another person of their ability to leave can be considered false imprisonment.
Penalty: false imprisonment is considered a felony of the third degree, which is punishable by up to five years imprisonment, five years of probation, and up to $5,000 in fines.
Under Florida Statute 787.01, “Kidnapping” is defined as forcibly, secretly, or by threat confining, abducting, or imprisoning another person against their will without lawful authority to do so, and with the intent to:
Penalty: kidnapping is considered a felony of the first degree, which is punishable by a minimum of four years in prison, or up to life in prison, life on probation, and up to $10,000 in fines.
Under Florida Statute 784.04(2), “Stalking” is defined as a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.
Cyberstalking is defined as sending words, images, or language to another person electronically, causing substantial emotional distress that serves no legitimate purpose.
Penalty: stalking is considered a misdemeanor of the first degree, which is punishable by up to one year in jail, up to one year of probation, up to $1,000 in fines, and a restraining order that can last up to 10 years.
Under Florida Statute 784.04(3), “Aggravated Stalking” is defined as a person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and either makes a credible threat to that person, the person is under the age of 16, or the other person obtained a No Contact order after they offender was convicted of a sex crime.
Credible Threat is defined as either a verbal or nonverbal threat that put another person in reasonable fear for their own safety, the safety of their family, or the safety of their close associates.
Penalty: the penalty for aggravated stalking is dependent upon which of the three variants of aggravated stalking the crime falls under.
Under Florida Statute 777.03, “Accessory after the Fact” is defined as when a person maintains, assists, or aids an unrelated person knowing that they have committed a felony crime, with the intent that the offender avoids or escapes detection, arrest, trial, or punishment.
A person who is related by blood or marriage to the suspect cannot be charged with accessory after the fact if they are the suspect’s husband, wife, parent, grandparent, child, grandchild, brother, or sister.
Any person, whether related or unrelated, can be charged with accessory after the fact if the underlying felony involved child abuse, child neglect, or the death of a child.
Penalty: the penalty for accessory after the fact depends on the severity of the felony crime committed by the suspect who was maintained, assisted or aided by the accessory after the fact. Below are the punishments for accessory after the fact, if the original crime was a:
Under Florida Statute 316.072(3), “Disobeying Lawful Order by Law Enforcement” is defined as willfully refusing or failing to comply with lawful order or direction given by a law enforcement officer while operating a vehicle, bicycle, or walking on a public road.
Penalty: disobeying lawful order is considered a misdemeanor of the second degree, which is punishable by up to 60 days in jail, six months of probation, and up to $500 in fines.
Under Florida Statute 918.13, “Tampering with Evidence” is defined as a person who alters, destroys, conceals, or removes any record, document, or thing during a criminal trial, proceeding, or investigation with the intent to impair its verity or availability in trial; or to knowingly create, present, or use any record, document, or thing knowing it to be false.
Penalty: tampering with evidence is considered a felony of the third degree, which is punishable by up to five years imprisonment, five years of probation, and up to $5,000 in fines.
Under Florida Statute 914.22, “Tampering with or Harassing a Witness” is defined as a person who knowingly and intentionally uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct with another person to offer benefit or gain with the intent to cause a person to:
Penalty: the penalty for tampering with a witness depends upon the underlying crime that is being investigated. If the underlying crime was a:
If You’re in Trouble, We Want to HelpFor a thorough and honest criminal case evaluation and more information about our law firm and criminal defense lawyers, please call 386-943-9797 or submit an online case evaluation form.