What to Do if You’re Charged with Stalking in Buffalo, NY

What to Do if You’re Charged with Stalking in Buffalo, NY

Being charged with stalking can be an incredibly scary and overwhelming experience. However, it’s important to stay calm and understand your rights and options. This article will walk you through some key things to know if you find yourself facing a stalking charge in Buffalo, NY.

What is Stalking Under New York Law?

New York defines stalking as intentionally and repeatedly harassing or following someone in a way that would cause a reasonable person to become alarmed or fear for their safety. This includes things like:

• Following someone
• Showing up uninvited at their home, school, work, etc.
• Calling, texting, emailing excessively
• Leaving unwanted items, gifts, or messages
• Threatening physical harm

Stalking does not require physical contact. The behavior just needs to cause the victim to reasonably fear for their safety or the safety of loved ones. Stalking is a crime in New York under Penal Law §120.45, 120.50, 120.55, and 120.60.

What Are the Penalties for Stalking in New York?

Stalking charges in New York range from misdemeanors to felonies, depending on the exact circumstances. Possible penalties include:

• Stalking in the fourth degree (misdemeanor): Up to 1 year in jail
• Stalking in the third degree (misdemeanor): Up to 1 year in jail
• Stalking in the second degree (felony): Up to 7 years in prison
• Stalking in the first degree (felony): Up to 7 years in prison

Stalking often comes with orders of protection too, like restraining orders prohibiting contact with the victim. If you violate these, you face additional charges and penalties.

What Should I Do if I’m Charged with Stalking?

Here are some key steps to take if you find yourself facing stalking charges in Buffalo:

1. Don’t panic – Easier said than done, I know! But staying calm and thinking clearly is crucial.
2. Get a lawyer – Hire an experienced criminal defense attorney in Buffalo ASAP. Don’t try to handle this alone.
3. Shut up – Seriously, don’t talk to anyone about your case without your lawyer present. Not even family/friends.
4. Follow your lawyer’s advice – They know how to defend stalking charges in Buffalo. Trust their guidance.
5. Avoid the victim – Absolutely no direct or indirect contact until this is resolved.
6. Watch what you post online – Don’t vent about the case or victim on social media.
7. Start counseling – Judges may order this, but it shows initiative too.
8. Consider alternatives to trial – Your lawyer may recommend a plea deal or pre-trial diversion program.

The most critical step is getting an experienced criminal defense lawyer on your side immediately. Don’t wait! A skilled attorney understands New York stalking laws and how to build the strongest defense for your specific case.

What Are Some Possible Defenses for Stalking Charges?

While every case is different, some possible defenses to fight stalking charges in New York include:

• You had no intent to stalk or harass – For example, you didn’t realize your actions were unwanted.
• False accusations – The alleged victim is fabricating claims out of anger, jealousy, etc.
• Mistaken identity – You’ve been wrongly identified as the stalker.
• No reasonable fear – Your actions wouldn’t cause a reasonable person to fear for their safety.
• Free speech – Your communication was protected speech under the First Amendment.

An experienced criminal defense lawyer can help assess whether any of these defenses may apply in your case after reviewing the evidence and interviewing witnesses.

Can Stalking Charges Be Dropped in New York?

Yes, it is possible to get stalking charges dropped in New York, but it requires strategic legal maneuvering. A few ways charges could potentially get dismissed include:

• Challenging improper police procedures (like lack of probable cause for arrest)
• Suppressing illegally obtained evidence
• Negotiating a dismissal through a plea bargain
• Successfully defending against the charges at trial

An experienced criminal defense lawyer will pursue every avenue to get charges reduced or dropped. But it’s critical to have them on your side early in the process.

What Should I Do After My Stalking Case Is Over?

If your stalking case ends with the charges dropped or dismissed, or you are acquitted after trial, take steps to move forward like:

• Following any orders of protection that remain in place
• Avoiding further contact with the alleged victim
• Seeking counseling to address any underlying issues
• Being mindful of your actions and communications moving forward

If you are convicted on a stalking charge, it’s critical to:

• Follow your sentencing terms closely
• Complete any probation, counseling requirements, etc.
• Refrain from any violation of orders of protection
• Rebuilding your life after a conviction won’t be easy, but take it step-by-step

A stalking conviction may also limit job, housing, and other opportunities for years. An attorney can advise you on restoring your rights.

Get Help Fighting Stalking Charges in Buffalo, NY

Being accused of stalking can turn your life upside down. But skilled defense representation can make all the difference. To discuss your case in a free, confidential consultation, contact an experienced criminal defense attorney near Buffalo today. With an attorney on your side, you can fight the charges and protect your future.

References

NY Penal Law §120.45
NY Penal Law Article 120
NY Courts – FAQ: Orders of Protection