Criminal Defense Lawyers

Defending Federal Cyberstalking and Harassment Charges in New York

Defending Federal Cyberstalking and Harassment Charges in New York

Being charged with cyberstalking or online harassment can be scary. These federal crimes carry serious penalties, including years in prison. But with an experienced criminal defense lawyer on your side, you may be able to get the charges reduced or even dismissed. Here’s an overview of federal cyberstalking and harassment laws, potential defenses, and what to expect if you’re facing charges in New York.

Federal Cyberstalking and Harassment Laws

There are two main federal laws that prohibit cyberstalking and harassment:

• Interstate stalking/harassment – This law makes it a crime to use any “interactive computer service” to stalk or harass another person across state lines. Convictions can lead to 5 years in prison.
• Interstate communications – This broader law criminalizes using telephones, email, or “any other facility of interstate or foreign commerce” to threaten, abuse, harass, etc. another person. Penalties can include 2 years imprisonment.

Prosecutors often bring cyberstalking charges using these laws when online threats or harassment crosses state lines. For example, if someone in New York uses Facebook to repeatedly harass someone in New Jersey, federal charges could apply.
The laws are broad, and “harassment” doesn’t have a single clear definition. But some common cyberstalking behaviors that could lead to charges include:

• Repeatedly sending unwanted, threatening messages
• Posting embarrassing photos without consent
• Monitoring someone’s online activity without permission
• Sending viruses or hacking attempts
• Creating fake social media accounts pretending to be the victim

Defenses Against Federal Cyberstalking Charges

Fighting federal cyberstalking charges starts with understanding potential defenses that apply to your specific case. Here are some common defenses lawyers use:

You didn’t send the messages

If someone else sent threatening messages using your IP address or device without your knowledge, you may be able to avoid responsibility. Your lawyer can request records to show the messages came from a different location than you were.

The communication was misinterpreted

Sometimes messages that seemed threatening were just meant jokingly. Your lawyer can provide context to show the communication wasn’t meant to harass the recipient when properly understood.

It doesn’t meet the legal definition of cyberstalking

If the communication doesn’t rise to the level of harassment or stalking under the law, you may be able to get the charges dismissed. For example, a single angry message without threats may not qualify as cyberstalking.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Free speech protections apply

The First Amendment protects free speech, even unpopular or offensive speech. Your lawyer can argue the communication is protected speech rather than true harassment or threats.

You were unlawfully targeted

If police improperly targeted you for your race, religion, or other discriminatory reasons, your lawyer can seek to suppress the evidence and get charges dismissed.

The Criminal Process in New York

Here’s an overview of what you can expect if facing federal cyberstalking or harassment charges in New York:

Arrest and charges

Cyberstalking arrests usually involve local police or FBI agents if it’s an interstate crime. Prosecutors will then decide what federal charges to bring based on the evidence.

Release or bail

After arrest, a judge decides whether to release you or require bail money while your case proceeds. With non-violent cybercrime charges, there’s a good chance of being released on your own recognizance. But bail is possible.

Plea negotiations

Many cyberstalking cases end in a plea bargain rather than trial. An experienced lawyer can negotiate with prosecutors to get charges reduced or dismissed in exchange for a guilty plea on a lesser charge.

Motions to dismiss

Before trial, your lawyer may file motions arguing there’s insufficient evidence or the law is unconstitutional. If successful, these motions can get charges thrown out pre-trial.

Trial

If no plea deal is reached, your case will go to trial before a judge or jury. The prosecution has to prove guilt beyond a reasonable doubt. Your lawyer will vigorously defend you and hold them to meeting this high standard.

Sentencing

If found guilty, the judge will impose a sentence based on federal guidelines and the case specifics. With no prior record, sentences are often on the lower end. Your lawyer will advocate for the minimum.

Finding the Right Lawyer

The lawyer you choose can make all the difference in how cyberstalking charges play out. Look for an experienced federal criminal defense attorney when facing charges like these. Key credentials to consider include:

• Strong record defending cybercrime cases
• Familiarity with federal courts and laws
• Resources to conduct in-depth investigations
• Negotiation skills to secure plea bargains
• Trial experience taking complex cases to verdict

Don’t take chances with public defenders or lawyers with little federal cybercrime experience. The right lawyer can carefully examine the evidence, identify defenses, and protect your rights through every stage.

Take Cyberstalking Charges Seriously

Being accused of cyberstalking or harassment should never be taken lightly. These charges can end careers, ruin reputations, and lead to long prison sentences in some cases. If questioned by police or charged federally, politely decline to answer questions and immediately contact a qualified lawyer. A skilled attorney can often get charges reduced or dismissed before the case goes too far. But acting quickly is essential.

You Have Rights – Use Them

The Constitution provides important rights when facing criminal prosecution, including the rights to an attorney and to remain silent. Never speak about your case with anyone except your lawyer. Anything you say to investigators can be used against you. Politely insist on having counsel present for any questioning.
Fighting federal charges is daunting, but an experienced attorney levels the playing field. Don’t lose hope. With the right legal strategy and aggressive defense, many positive outcomes are possible. The lawyer you choose will make all the difference.

References

18 U.S. Code § 2261A – Stalking
https://www.law.cornell.edu/uscode/text/18/2261A
47 U.S. Code § 223 – Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications
https://www.law.cornell.edu/uscode/text/47/223