Facing 1st Degree Stalking Charges in New York?

1st Degree Stalking Charges in New York

In New York, First Degree Stalking is defined under Penal Law § 120.60. This offense occurs when a person intentionally and repeatedly follows or harasses another person in a manner that causes them to fear for their safety or the safety of their family, or when the defendant engages in specific conduct that results in the victim feeling threatened or harassed. First-degree stalking is a Class D Felony, and it carries significant legal penalties.

Key Elements of First-Degree Stalking (Penal Law § 120.60):

1. Repeated Acts of Stalking or Harassment: The person engages in a course of conduct that involves multiple instances of stalking or harassment toward the victim.
2. Reasonable Fear for Safety: The conduct causes the victim to reasonably fear for their own safety or the safety of a family member.
3. Threats or Intentional Behavior: The individual makes threats or behaves in a manner that demonstrates an intention to cause fear or harm.
4. Explicit Behavior: The defendant might engage in actions like repeatedly following the victim, sending threatening messages, showing up at their home or work without reason, or any other behavior that would instill fear or distress.

How We Fight 1st Degree Stalking Charges in New York

The following encompass some, but not all of the defenses that a thorough and aggressive defense attorney will look to put forth when a client is faced with first degree stalking.

1 - Lack of Repeated Acts

The prosecution must prove that the defendant repeatedly engaged in conduct that constitutes stalking or harassment. If the defendant only engaged in a single instance of behavior, or if the alleged conduct was isolated or sporadic, this could be a defense. If the alleged victim is mistaken or exaggerates the number of times the defendant contacted them or followed them, this could be used to argue that the defendant’s actions did not meet the "repeated" criteria.

2 - No Reasonable Fear of Safety

The prosecution must show that the victim's fear of harm was reasonable. If the defendant’s actions did not cause the victim to reasonably fear for their safety or that of their family, you could argue that the victim’s fear was exaggerated, unfounded, or unreasonable. If the victim did not genuinely feel threatened, or if they failed to report the alleged harassment in a timely manner, this might suggest that the fear was not reasonable.

3 - No Intent to Harass or Cause Fear

Stalking in the first degree requires the defendant to act with the intent to cause fear or harm. You could argue that the defendant did not have the requisite intent to instill fear or harass the victim. The defendant may have had an innocent reason for their actions (e.g., trying to reconcile a relationship, being unaware that their actions were causing distress, or attempting to contact the victim in a non-threatening way).

4 - Constitutionally Protected Behavior

If the defendant's conduct was protected by the First Amendment, such as peaceful protest, speech, or other forms of expression that were not intended to harass, the defense could argue that the actions fall outside the scope of stalking. If the defendant was engaging in public protest or attempting to communicate with the victim in a non-threatening manner, it could be argued that their conduct was protected speech and not stalking.

Possible Sentencing & Penalties in New York

As a class-D felony, first degree stalking brings a maximum sentence of seven years’ imprisonment. Oftentimes, a persuasive and creative defense attorney can present mitigating material to achieve a probation only sentence. 

Examples and Related Cases

Importantly, stalking goes beyond mere harassment. A classic example of first degree stalking is observed where an individual continuously shows up at a victim’s apartment against the victim’s wishes and threatens the victim. Such repeated behavior, which would reasonably put a victim in fear for his or her physical safety, constitutes first degree stalking. 

Your Defense Begins Now

If you are charged with first degree stalking, it is imperative that you hire an experienced defense attorney to sift through these charges and mount credible, successful defenses. First degree stalking can lead to numerous years in prison if not defended correctly. Contact The Law Offices of Jason Goldman today.