Facing Stalking Charges in New York?

Seeking Immediate Counsel from a State Defense Lawyer is Imperative

The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.

Stalking Charges in New York

Stalking is an incredibly serious allegation in New York and is often found within the domestic violence umbrella. Indeed, stalking goes beyond harassment and is treated more aggressively by prosecutors who are seeking to protect potential victims of domestic violence.

In New York, stalking is addressed under Penal Law § 120.45 through § 120.50. The law defines various degrees of stalking based on the nature of the conduct and the impact on the victim.

Stalking generally involves following or harassing someone with the intent to cause fear, intimidation, or emotional distress. Stalking can include behaviors like following someone, repeatedly sending unwanted communications, and making threats.

• Stalking in the Fourth Degree (Class B misdemeanor): Engaging in a course of conduct directed at a specific person that causes them to reasonably fear for their safety or the safety of a third person.
• Stalking in the Third Degree (Class A misdemeanor): Involves more severe or repeated conduct, such as following someone in a way that causes them to fear for their safety.
• Stalking in the Second Degree (Class E felony): Involves stalking that includes threats of physical harm or use of weapons.
• Stalking in the First Degree (Class D felony): Involves stalking that causes physical injury or involves the use of a deadly weapon.

Sentencing and Penalties

Because stalking charges range from misdemeanor to felonies, penalties and sentences can vary greatly as well. The penalties vary by degree, ranging from fines and community service to imprisonment, depending on the severity of the stalking behavior. Undoubtedly, an order of protection will also be granted during the pendency of these cases and a final order of protection will be issued if an individual is convicted of stalking.

A Thoughtful Defense

In the face of incredibly serious stalking charges, it is beneficial to not only have an experienced defense lawyer but also one who is well-versed as a former prosecutor. A thoughtful defense lawyer will look to distinguish between stalking and criminal harassment, finding ways through a counter-investigation and legal motions to have stalking charges downgraded on precedent and technicalities. Contact The Law Offices of Jason Goldman today.