New York Stalking Lawyer
If you have been charged with stalking, contact a criminal defense lawyer immediately. As real and objectively frightening as a stalking offense may be in New York, often stalking charges are the result of miscommunication rather than intentional criminal action. Because of this, it is important to hire a New York stalking lawyer to tell your story in court.
A conviction for stalking can range from 90 days in day for a Class B misdemeanor up to seven years in prison for a felony conviction. Given the serious nature of stalking charges, you should not hesitate to call a distinguished criminal attorney for legal help right away.Stalking in New York Defined
Stalking is often portrayed on television or in movies as someone closely following another person’s every move with the intention of committing a more serious crime. In reality, stalking in New York is a serious crime in and of itself. Stalking also has a broad definition under state law. According to New York law, when someone engages in a course of conduct that causes fear of harm in someone else, they have committed stalking.
There are varying degrees of stalking defined under New York law, ranging from the fourth degree (least serious) to the first degree (most serious). As an essential element of stalking is that the accused actually intended to cause fear or harm in a particular person by engaging in a specific course of action.
The course of conduct someone allegedly engages in to stalk a target can be a physical action, such as following the person, or using technology to pursue the alleged victim.Penalties for Stalking Conviction
The severity of the alleged stalking determines what degree of the crime the accused could face. In turn, the degree of the crime determines the possible penalties upon conviction. If someone allegedly used a weapon to cause fear of harm while stalking, they could face a second-degree charge.
- Fourth-Degree Stalking: Class B misdemeanor, punishable by up to 90 days in jail
- Third-Degree Stalking: Class A misdemeanor, punishable by up to one year in jail
- Second-Degree Stalking: Class E felony, punishable by up to four years in prison
- First-Degree Stalking: Class D felony, punishable by up to seven years in prison
Much communication takes places over social media. In many stalking cases, the defendant is accused of using social media or other forms of electronic communication (such as email or text messages) to stalk the alleged victim. Cases involving cyberstalking often involve repeated electronic communication between the accused and the alleged victim.
When this kind of repeated communication causes a reasonable fear of harm in the recipient, the sender could face the same stalking charges as someone who physically stalks.
Someone accused is cyberstalking needs the help of an experienced New York stalking lawyer who can help them prove a miscommunication, rather than a crime, occurred.Related Charges
Often, those facing stalking charges face other related charges as well. Many times, those charged with stalking are also accused of committing domestic violence against members of their family or romantic partners.
Other related charges that someone accused of stalking may face include menacing, aggravated harassment, menacing, aggravated harassment, strangulation and related crimes, assault, criminal mischief, trespassing. Anyone facing stalking or related charges should contact a New York criminal defense attorney as soon as possible.
Irrespective of whether or not the offense is considered domestic, know that prosecutors will seek and judges will often grant orders of protection or restraining orders for the security of the alleged victim or target of someone's acts.Call a New York Stalking Attorney
If someone is facing stalking, harassment, assault, or related charges, they should contact an experienced New York stalking lawyer.
Call New York stalking lawyers and former New York prosecutors at 212-312-7129 or contact us online today.