New York stalking laws are among the first in the country. Indeed, as of September 1993, all 50 States and the District of Columbia had passed anti-stalking laws. This highlights the seriousness of this charge and is regarded more so in New York.
NY penal laws define stalking as the unwarranted pursuit of another person and this is not a one-time event. Instead, it is characterized as a pattern of malicious and willful behavior by an accused person. A person can be charged under Penal 240.26 to .31 or 120.45 to .60.
Charged with Stalking
Due to the seriousness of this law in New York, it is best to immediately contact us at the Law Office of Stephan Jacob Siegel, Esq. We have prerequisite experience in dealing with stalking cases and will be ready to offer our expertise in dealing with your unique case.
There are four levels of severity in stalking crimes in the state including:
Fourth Degree Stalking
It is defined as intentionally and for no legitimate purpose in a course of conduct directed at a particular person knowing or should have knowledge that such action:
- Is likely to cause fear of personal physical harm or fear about safety of property of the victim, a family member or acquaintance
- Causes harm mentally or emotionally to the victim by calling, initiating communication or contact with the person
- Is likely to cause the victim reasonable fear that their business, career, employment will be threatened by appearing, telephoning, initiating communication or contact and the accused person had earlier been told to cease such conduct
This is a class D misdemeanor under NY stalking laws and carries a maximum of up to 90 days in jail.
Third Degree Stalking
Under NY State Law §120.50, this is a Class A misdemeanor and a person can be charged if prosecution can prove that:
- An accused person committed fourth degree stalking against three or more victims in three or more situations and yet you have not been charged.
- An accused person is a stalker who had previously been convicted of a specified predicate crime against the victim or a member of their family or someone they know.
- The charged person has committed a fourth-degree stalking crime and also has a previous conviction for the same crime within the last ten years.
- The person acted with intent to annoy, harass or scare in the course of conduct or repeated behavior that was likely to cause fear in the victim.
Second Degree Stalking
This is a class E felony under the PL § 120.55 of NY penal laws. A person is guilty of stalking in second degree if one:
- Commits third-degree stalking as defined in law and displays a weapon or threatened to use a weapon in the furtherance of their stalking act.
- Commits third-degree stalking and has a prior conviction of one of the specified predicate crimes such as assault and harassment against the same person, someone in their family, or an acquaintance over the last five years.
- Commits fourth-degree stalking and they have a third-degree stalking conviction.
- Commits the crime of stalking in third degree against 10 or more victims in 10 or more situations for which no conviction has been given before.
- If the person is over 21 years and repeatedly follows someone under 14 years or intentionally attempts to place the victim in fear of physical injury, serious physical injury or death.
This crime carries a penalty of up to four years in New York.
First Degree Stalking
This is the most serious stalking crime and is a Class D felony in NY carrying up to seven years in jail if one is found guilty. The charge is applicable if a person commits third and second degree and in the commission of the offense they intentionally cause physical injury to the victim or commit another crime under the NY statutes.
Defense Attorney for Stalking Charges
A cursory glance at the severity levels shows that NY stalking laws are a hard nut to crack. However, we are there to guide you, and the first place to call when charged is the Law Office of Stephan Jacob Siegel, Esq. We have the resources, expertise, exposure and dedication to get you the best outcome.