Brooklyn Stalking Lawyers
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Brooklyn Stalking Lawyers Can Help:
Being accused of stalking can be very serious. The stigma associated with stalking and stalkers has been hyped up by Hollywood and the news for many years. Unfortunately, these extraordinary examples that are portrayed in the media typically don’t represent the average stalker. The term itself is used to represent a variety of actions that can take place under the umbrella of domestic violence. In New York, a stalking conviction can range from a low-level misdemeanor all the way up to a very serious felony charge. Having an attorney is an absolute must in any stalking case. Our Brooklyn stalking charge lawyers can provide you with a no-risk consultation to determine exactly how they can help you.
The Life Cycle of a Stalking Case:
A stalking case is typically initiated when a victim files for a restraining order to keep the offender away. A temporary restraining order is granted on an ex parte (one sided) hearing basis. This means that a judge will review the petition filed and determine if the victim was subjected to stalking. If so, they will grant a restraining order with conditions that the alleged perpetrator must adhere to. This typically means possessing no firearms, staying away from the victim’s home, workplace, school, or anywhere else they may happen to frequent. They typically will require no contact be made between the parties involved unless there’s a specific reason such as having children in common.
Before the temporary restraining order expires, the judge will schedule a date and time to determine if a permanent restraining order is to be granted. The victim may drop the case by this point, or they may proceed. At this point, the victim has the burden of proving that the accused stalked the victim. While evidence is typically the best way to establish this, the judge may feel testimony is enough evidence. The burden of proof in stalking cases is typically much lower than in many other criminal matters. If found guilty of stalking by the court, the accused can owe hefty fines and even be sentenced to jail time. This charge will remain on the permanent record of the perpetrator.
Exactly What is Stalking?
Stalking is a broad term to describe many different actions and behaviors. At the most basic and least offensive level, stalking can be viewed as harassment. This can range from unwanted contact such as telephone calls and messages. As it escalates, it can progress into following someone or showing up at places that the perpetrator has no legitimate need to visit. The contact must be unwanted and unwarranted. If a person has a legitimate need to contact another or if they’re unaware it’s viewed as harassment, they’d have no basis for such a claim.
At the more serious level, stalking can include kidnapping or false imprisonment. It can also include making credible threats to one’s life or livelihood. Violence can also play a part in the equation. Depending on the severity situation, this can even be viewed as aggravated harassment or stalking by the court. New York places stalking statute definitions and penalties into four different degrees or classifications. Stalking in the first degree being the most serious and the fourth degree being the least. Click here for more information on New York stalking laws.
Possible Defenses for Stalking Charges:
There are several different defense tactics that have been used to successfully challenge stalking charges in recent years. Perhaps one of the most common is grossly exaggerated or unsubstantiated claims. To support this claim, attorney representation is required. A skilled attorney can attack a witness’s story by attempting to find holes or inconsistencies in their testimony. If the witness is unable to accurately recall or remember the story, the attorney can challenge the witness’s credibility and typically win the case.
Another method is when someone has inaccurately identified the stalker or has no actual proof of being stalked. While the burden of proof is rather low in these matters, hearsay simply doesn’t cut in in court. Also, if the person alleging stalking knows very little about or is unable to clearly establish a relationship between the two, the case is unlikely to carry much weight.
Contact Us for Your No-Risk Consultation:
Our Brooklyn stalking lawyers are experts in handling these types of matters. As this is a very serious charge, it’s advisable that you get in touch at once to have your case reviewed. They’ll put together a viable defense to help either reduce the penalty or have the case dismissed altogether. Get in touch online or by phone, today.
Don’t deal with Brooklyn Stalking Lawyers alone. Speak to the Spodek Law Group today.
Brooklyn Stalking Lawyers
Stalking is a crime the state of New York takes seriously. Victims of stalkers live in constant fear of being harmed by someone with an obsession. Stalkers may launch a campaign of harassment that turns into a violent crime. And then there are those persons who do not intend to harass their victims, but their actions clearly violate the law and lead to charges. Anyone charged with a count of stalking in Brooklyn or any other region in New York state should contact an attorney capable of defending the charges.
Stalking Under New York State Law
Stalking statutes were established in New York in 1999. The law broadly defines stalking as behavior that entails harassing or threatening a victim. Stalking generally involves a pattern of such behavior that shows the victim is being targeted for consistent harassment and threats.
Fear plays a significant role in the crime, but the law leaves the issue of fear to be defined rather broadly. A stalker does not have to intend to lead someone to be fearful of his/her behavior. The victim does not even need to be fearful. Rather, the behavior of the stalker would be deemed fearful by a reasonable based on the situation. The action of the stalker does need to be intentional.
The Penal Code and Stalking
Stalking can be addressed in civil court, but those who assume stalking isn’t a crime would be sorely mistaken. Main points under PL § 120.45 state a person commits Stalking in the Fourth Degree, a Class B misdemeanor, when he/she causes reasonable fear of material harm; or likely to cause such fear; or causes fear that business/employment may be harmed.
The statute of Stalking in the Third Degree entails and is not limited to committing stalking in the fourth degree against three or more persons; or committing a fourth-degree stalking violation within ten years of being convicted of such a crime; or when the victim fears a sex offense, kidnapping, and other violent crimes. A third-degree violation is a Class A misdemeanor.
Stalking in the Second Degree is identical to a third-degree offense with one difference: a weapon was involved. The inclusion of a weapon elevates this crime of the second degree to the felony level. Specifically, the crime lists as a Class E felony.
Stalking in the First Degree remains the most serious of the stalking charges. A person who commits and second or third-degree offense and also commits a Class A misdemeanor or injures someone could be charged with a first-degree offense, a Class D felony.
The Penalties for Stalking in New York
The penalties for stalking in New York depend on the severity of the crime and the personal criminal history of the person being charged. A Class A misdemeanor, for example, may lead to a sentence of one year in jail or three years probation. A $1,000 fine may be levied.
With a Class D felony, the penalties become bar more severe. A violent Class D felony could lead to a sentence of two to seven years in prison. Whether the charge is a misdemeanor or a felony, the situation is serious. Anyone facing charges should hire the necessary counsel to address the matter.
Defenses to Stalking
Defenses to stalking charges may entail disproving intent, proving lack of evidence, or even revealing the allegations are false. Other elements may be weaved into the defense of the charges. For those who may be looking at a guilty verdict, an attorney may be able to work a plea agreement or petition for leniency in sentencing. The key point to understand is the right attorney for the charges must be hired.