Facing 3rd Degree Stalking Charges in New York?

3rd Degree Stalking Charges in New York

Under New York Penal Code § 120.50, you will be charged with stalking in the third degree if you do one of the following:

• Repeatedly follow, track or communicate with another person in a way that makes that person think that you might physically harm that person or in a way that causes mental or emotional harm.
• Show up at another's business, or communicate with that person at his or her business such that you put his or her job, business or career at risk.

AND one of the following applies:

• You stalk 3 or more different people on at least 3 separate occasions; OR
• Within the prior 10 years you were convicted of one of several specific predicate crimes, and the stalking victim and the predicate crime victim were the same or the predicate crime victim was a member of the stalking victim's family; OR
• Intending to annoy, harass or alarm the victim, you engage in a course of conduct that is likely to cause that person to fear that you will physically harm, kidnap, commit a sex offense, or commit the crime of unlawful imprisonment against him or her or that person's immediate family; OR
• Within the last 10 years you have been convicted of stalking in the fourth degree.

How We Fight 3rd Degree Stalking Charges in New York

There are some classic as well as unique defenses to third degree stalking in New York.

• Lack of Intent: The defense could argue that the defendant did not have the intent to cause fear or harm, which is a key element of the crime. They might claim the behavior was unintentional or incidental.
• No Reasonable Fear: The defense may argue that the complainant did not experience a reasonable fear of harm. This would involve demonstrating that the conduct was not threatening or harassing.
• Innocent Conduct: The defense could argue that the conduct was misinterpreted. For example, a defense could be made if the defendant’s actions, such as following the complainant, were coincidental or part of a routine with no malicious intent.
• Freedom of Speech or Association: In some cases, the conduct in question might be protected by the First Amendment, such as engaging in protests or expressing opinions. However, this can be a nuanced defense and may depend on the facts of the case.

Possible Sentencing & Penalties in New York

A class-A misdemeanor, stalking in the third degree carries up to one year in jail. With the right advocacy, clients should expect a non-jail disposition especially if this is a first offense. That said, a cooperative victim and an aggressive prosecutor may insist on jail-time, at which point a creative and persuasive defense attorney will need to put forth mitigating information of exculpatory evidence at a trial.

Examples and Related Cases

If an individual stalks three or more people in a close time-frame, following each one physically and causing a reasonable fear of harm, third degree stalking will be charged.

Your Defense Begins Now

If you are charged with third degree stalking, it is imperative that you hire an experienced defense attorney to sift through these charges and mount credible, successful defenses. Third 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.