Brooklyn Stalking Lawyers

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.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

Your ex-partner has filed a stalking complaint against you in Brooklyn after you showed up at their workplace twice to return personal belongings and sent several text messages asking to talk. You've now been served with a criminal court summons charging you with Stalking in the Fourth Degree.

Can I really be charged with stalking just for trying to return someone's things and sending text messages?

Attorney's Answer

Under New York Penal Law § 120.45, Stalking in the Fourth Degree occurs when a person intentionally engages in a course of conduct directed at a specific person that is likely to cause reasonable fear of material harm to their health, safety, or property. Even actions that seem innocent to you — like visiting a workplace or sending multiple messages — can be interpreted as a pattern of unwanted contact that causes fear or distress. A skilled Brooklyn defense attorney can challenge the prosecution's ability to prove intent and demonstrate that your conduct did not meet the legal threshold for a 'course of conduct' that would cause a reasonable person to fear for their safety. Early intervention is critical, as a conviction can result in a criminal record, an order of protection, and consequences for custody or employment.

This is general information only. Contact us for advice specific to your situation.

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.