In a recent case, a Boca Raton man was found not guilty of felony aggravated stalking charges related to more than 60 vulgar voicemails he left on his neighbors' answering machine. The jury did find Ahmad D. guilty of misdemeanor harassing phone calls, and he was subsequently sentenced to 60 days in jail.
A Rocky Relationship
Brian P., the plaintiff in the case, was a neighbor of Ahmad's in a gated West Boca neighborhood. They begin to have issues in 2008, possibly related to Ahmad winning a $100,000 lawsuit against the homeowner's association. On April 26, 2008, police responded to a 911 call and found the two on the verge of blows.
After Ahmad moved out of the neighborhood, he continued to clash with the plaintiff and his family. In 2011, he began calling Brian and left numerous messages which Ahmad's own defense attorney described as "disgusting and vile." Brian attempted to obtain a civil restraining order, but was unsuccessful. He was finally able to report the harassment to police after receiving a voicemail which referenced terrorism and bombs.
Were These Actions Felony Stalking?
Ahmad's defense attorney remained adamant that, while his client's actions were objectionable, they were not as serious as the prosecution claimed. He argued that the plaintiff regularly taunted Ahmad with vile voicemails of his own, and that the content of the messages, while disturbing, did not "equate to a fear of safety." The jury agreed, and found Ahmad not guilty of third-degree felony stalking charges.
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Based on all descriptions of the messages, it's unlikely that Ahmad would have been found guilty of the felony charge if he didn't have a well-constructed defense. If you're facing criminal charges, you need tough, aggressive representation from a skilled attorney. At the Law Offices of Richard Tendler, our Boca Raton criminal defense lawyer is a former Public Defender with more than 15 years of experience, and has been named among the Top One Percent of attorneys.
Call our firm today to request a case evaluation.