Facing 4th Degree Stalking Charges in New York?

4th Degree Stalking Charges in New York

In New York, fourth-degree stalking is defined under New York Penal Law § 120.45. It is a Class B misdemeanor, which means that a person found guilty of this offense may face penalties including jail time, a fine, or both.

Key Elements of 4th Degree Stalking (Penal Law § 120.45):

To be charged with fourth-degree stalking, the prosecution must prove the following:

• Intentional and Repeated Surveillance: The defendant intentionally and repeatedly follows or engages in a course of conduct that causes the victim to fear for their safety or the safety of a family member;
• Fear of Harm: The conduct must create a reasonable fear of harm to the victim or their family, or cause the victim to suffer substantial emotional distress.

Course of conduct means a pattern of repeated and intentional actions directed at the victim, such as following them repeatedly, sending unwanted communications (e.g., texts, emails, or phone calls) or showing up at places where the victim regularly goes, without the victim's consent.

How We Fight 4th Degree Stalking Charges in New York

There are a few crucial defenses when it comes to fourth degree stalking charges:

• Lack of Intent: The defendant may argue that their actions were not intentional or that they did not intend to cause fear or distress to the victim. If the defendant's behavior was accidental or unintentional, this could negate the required element of intent.
• No Repeated Course of Conduct: The defense may argue that the defendant did not engage in repeated conduct. For a stalking charge to hold, there must be evidence of multiple acts over time. If the actions were isolated, they may not meet the legal definition of stalking.
• No Reasonable Fear or Emotional Distress: The defense may argue that the victim did not experience reasonable fear for their safety or substantial emotional distress. If the defendant can show that the victim's reaction was not reasonable or that they were not truly frightened, the charges may be weakened.

Possible Sentencing & Penalties in New York

A class-B misdemeanor, stalking the fourth degree could carry up to thirty days in jail if handled incorrectly. More often, a conviction to this charge should result in a non-jail sentence, such as time served or community service, if the right defenses are put forth.

Examples and Related Cases

A typical fourth degree stalking charge would be brought where an individual unlawfully surveilled another. Say someone parked their car outside of a victim’s house on several occasions - this in and of itself could constitute a fourth degree stalking charge.

Your Defense Begins Now

If you are charged with fourth degree stalking, it is imperative that you hire an experienced defense attorney to sift through these charges and mount credible, successful defenses. Fourth degree stalking can lead to prison time if not handled in a careful and correct manner. Contact The Law Offices of Jason Goldman today.