Facing 2nd Degree Stalking Charges in New York?
Are you being prosecuted for 2nd degree stalking charges in New York? Learn more about why your defense must begin now.
2nd Degree Stalking Charges in New York
In New York, Second Degree Stalking is defined under Penal Law § 120.55. It involves a course of conduct in which a person intentionally engages in repeated actions that cause the victim to fear for their safety or suffer significant emotional distress. The offense is considered a misdemeanor, less severe than First Degree Stalking, but still a criminal charge with serious consequences.
Key Elements of Second Degree Stalking (Penal Law § 120.55):
To be charged with Second Degree Stalking, the following elements must be proven:
- Repeatedly Following or Harassing the Victim: The defendant must engage in a pattern of behavior that includes acts like following the victim, appearing at their home or place of work, sending repeated unwanted communications (such as calls, texts, or letters), or other forms of harassment.
- Reasonable Fear or Emotional Distress: The victim must experience a reasonable fear for their safety or the safety of their family, or suffer substantial emotional distress as a result of the defendant’s actions. The victim’s emotional distress might include anxiety, depression, or other significant psychological harm caused by the defendant’s conduct.
Notably, no specific threats are required for this charge. Unlike First Degree Stalking, Second Degree Stalking does not require that the defendant explicitly threaten the victim. It is sufficient if the actions of the defendant cause the victim to reasonably fear harm or experience emotional distress.
How We Fight 2nd Degree Stalking Charges in New York
An effective defense attorney will employ certain legal and factual defense against second degree stalking charges, including but not limited to:
- Lack of Repetition: The defendant did not engage in a pattern of behavior that could be considered “repeated” or sustained.
- No Reasonable Fear or Emotional Distress: The defendant's actions did not cause the victim to experience reasonable fear or significant emotional distress.
- Mistaken Identity: The defendant was not the person responsible for the behavior.
- Lack of Intent: The defendant did not intend to cause the victim to feel threatened or distressed.
Possible Sentencing & Penalties in New York
A class-E misdemeanor, a second degree stalking conviction could lead to a year in jail. However, with the right advocacy, a non-jail sentence (such as community service, time-served, or a conditional discharge) is obtainable. Nonetheless, a full order of protection would also be issued in favor of the victim.
Examples of Behavior That Could Constitute Second Degree Stalking
- Repeatedly following the victim on foot or in a car.
- Sending repeated, unwanted text messages, emails, or making phone calls.
- Showing up at the victim’s workplace, home, or other locations they frequent without reason.
- Watching or monitoring the victim’s activities or online presence (cyberstalking).
- Engaging in any other conduct that causes the victim to feel threatened or distressed.
Hence, a situation where an individual follows another, without making any sort of explicit threat, will still nonetheless constitute second degree stalking if the defendant’s intent can be proved beyond a reasonable doubt.
Your Defense Begins Now
If you are charged with second degree stalking, it is imperative that you hire an experienced defense attorney to sift through these charges and mount credible, successful defenses. Second degree stalking can lead to a year in prison if not handled in a careful and correct manner. Contact The Law Offices of Jason Goldman today.