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Stalking

Stalking Charges Attorney in St. Petersburg

Former Pinellas County Prosecutor Defending You Against Stalking Charges

A Florida stalking allegation may involve text messages, social media activity, phone calls, account access, in-person contact, alleged threats, or an existing protective injunction. Unwanted contact alone doesn’t automatically establish every element of the offense. What was communicated, how often contact occurred, who initiated it, and whether a court order applied can all shape the case.

I represent people facing stalking-related investigations and charges in St. Petersburg and throughout Pinellas County. With more than 29 years of legal experience, including six years as a Pinellas County prosecutor, I can assess how the prosecution may interpret the communications, conduct, and surrounding circumstances.

Call (727) 617-6095 to discuss a stalking, aggravated stalking, or cyberstalking allegation with me.

How Florida Distinguishes Stalking, Aggravated Stalking, & Cyberstalking

Florida Statutes section 784.048 separates these offenses based on the alleged conduct and any aggravating circumstances. The charge may depend on whether the prosecution can establish repeated conduct, substantial emotional distress, a credible threat, or the violation of a qualifying court order.

The principal distinctions include:

  • Stalking: A person may face a first-degree misdemeanor for willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. Harassment generally requires a course of conduct that causes substantial emotional distress and serves no legitimate purpose.
  • Aggravated stalking: This third-degree felony may be charged when the alleged conduct involves a credible threat, follows a qualifying injunction or court-imposed prohibition, involves a child younger than 16, or meets another statutory aggravating circumstance. A credible threat may be verbal, nonverbal, electronic, or implied through a pattern of conduct.
  • Cyberstalking: The statute can apply to qualifying electronic communications and certain attempts to access online accounts or internet-connected home systems. Physical contact isn’t required, but the prosecution must still prove the applicable statutory elements.

Six Years of Pinellas County Prosecution Experience

Before becoming a defense attorney, I spent six years prosecuting cases in Pinellas County. That experience allows me to evaluate how the opposing side may organize its evidence, characterize an alleged course of conduct, and argue that communications lacked a legitimate purpose.

No two cases share the same message history, relationships, court orders, or surrounding events. I build the defense around the specific facts, including who initiated contact, whether communication was mutual, what purpose it served, and whether the available evidence supports the charge.

Trusted by Clients. Proven by Results.

Work Directly With Me Throughout Your Case

From the initial review through the conclusion of the case, you’ll work directly with me rather than being handed off to someone else. I can review the allegations and available records with you, explain the legal decisions ahead, and prepare the defense based on the facts of your situation.

Client testimonials also offer insight into what it is like to work with me. Although prior feedback can’t predict the result of another case, it can help you understand the direct attorney relationship I provide.

    “Over Delivered”
    “Hiring Joe was without a doubt the best decision I could have made when it came to having someone handle a HTO revocation on my license.”
    - Mark
    “Incredibly Attentive and Responsive”
    “I highly recommend Mr. Montrone for anyone seeking top-notch legal representation.”
    - Alyse J.
    “Incredibly Grateful”
    “Joe's communication throughout the entire process was top-notch—he explained every step and followed through on everything he promised.”
    - Stefan M.
    “Amazing, Compassionate, and Knowledgeable Lawyer.”
    “His experience as a former prosecutor, equips him with the proper tools to ensure the best possible outcome.”
    - Mike B.
    “Highly Recommend!”
    “Joe Montrone is the best! From the start, he was hands down the most efficient, caring, and supportive attorney I have ever worked with.”
    - Katrina G.
    “Truly the Best.”
    “I hired Joseph to represent me for a criminal charge and I’m so glad I did. If you’re looking for a professional that’s knowledgeable and will fight for you, you found him.”
    - Dave D.

Evidence That May Shape a Stalking Defense

A careful review should consider the full history rather than rely on isolated screenshots or selected exchanges. The sequence and context of communications may affect whether the evidence shows repeated conduct, a legitimate purpose, a credible threat, or constitutionally protected activity. Protected activity isn’t included in the statutory definition of a course of conduct.

Relevant records may include:

  • Complete text message, email, and social media histories
  • Call logs, voicemails, account records, and timestamps
  • Communications showing who initiated or continued contact
  • Messages concerning children, property, work, or another stated purpose
  • Protective injunctions, no-contact orders, and related court filings
  • Witness accounts, photographs, videos, and location information

The wording and effective date of a court order can be especially important because an alleged violation may change how the offense is classified. I draw on experience from more than 80 civil and criminal trials when assessing the evidence and preparing a defense.

Potential Consequences of a Florida Stalking Charge

Simple stalking is a first-degree misdemeanor, while aggravated stalking is a third-degree felony. Florida law also permits a warrantless arrest when an officer has probable cause to believe section 784.048 was violated.

Depending on the charge and final disposition, the consequences may include criminal penalties, court-ordered restrictions, employment concerns, family conflict, or reputational harm. A sentencing court may also consider restricting contact with the alleged victim for up to 10 years based on the seriousness of the conduct, safety concerns, and the likelihood of future violations.

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Joseph Montrone, Jr. Joseph Montrone, Jr.
Contact 727-617-6095
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535 Central Ave
Suite 314
St. Petersburg, FL 33701
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