new york stalking sentencing lawyer
Being accused of stalking in New York can have devastating consequences on your life and future. Stalking charges should never be taken lightly. An experienced criminal defense lawyer can be the difference between a guilty verdict and getting the charges reduced or dismissed. This article will cover New York’s stalking laws, penalties, and how a skilled attorney can defend your case.
New York’s Anti-Stalking Laws
New York defines various degrees of stalking under Penal Code Article 120:
- Stalking in the 4th Degree – Knowingly engaging in a course of conduct directed at a specific person that causes fear or emotional harm. This is a Class B misdemeanor.
- Stalking in the 3rd Degree – Same conduct as 4th degree, but has previously been convicted of stalking within last 10 years. Class A misdemeanor.
- Stalking in the 2nd Degree – Stalking that causes the victim to fear physical injury, kidnapping, or death. Class E felony.
- Stalking in the 1st Degree – Same conduct as 2nd degree, but perpetrator has previously been convicted of stalking within last 10 years. Class D felony.
Even seemingly innocent acts like sending flowers or gifts can constitute stalking under the law if they cause fear or emotional distress. New York takes anti-stalking laws very seriously.
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(212) 300-5196Penalties for a Stalking Conviction
Depending on the degree and your criminal history, a stalking conviction can lead to:
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Your ex-partner has filed a stalking complaint against you after you showed up at their workplace twice and sent multiple text messages asking to talk. You were arrested and charged with Stalking in the Third Degree, and now face the possibility of a criminal record that could affect your career and custody arrangement.
What are the potential penalties I'm facing for a third-degree stalking charge in New York, and is there any way to get this reduced or dismissed?
Under New York Penal Law § 120.50, Stalking in the Third Degree is a Class A misdemeanor carrying up to one year in jail, three years of probation, and a mandatory order of protection. However, if the prosecution alleges prior convictions or escalating behavior, the charge could be elevated to Stalking in the Second Degree under Penal Law § 120.55, which is a Class E felony punishable by up to four years in prison. A strong defense strategy may involve challenging the element of intent, demonstrating that your conduct did not meet the legal threshold of causing reasonable fear of material harm, or negotiating for an adjournment in contemplation of dismissal. An experienced stalking defense attorney can also explore whether the evidence supports a lesser charge such as harassment, which carries significantly lighter penalties.
This is general information only. Contact us for advice specific to your situation.
- Jail time – Up to 1 year for a misdemeanor, up to 7 years for a felony.
- Fines – Up to $1,000 for a misdemeanor, up to $5,000 for a felony.
- Orders of protection – Keeping you away from the victim.
- Probation – Up to 10 years of strict monitoring.
- Permanent criminal record
Stalking sentences tend to be harsher if there is a current or former domestic relationship with the victim. Prior stalking convictions also increase penalties significantly.
