Last Updated on: 28th July 2023, 08:57 pm

Understanding Stalking Charges in Long Island, New York

In Long Island, stalking is viewed as a serious charge under law. This crime is punished to the full extent of the law if a person is found guilty of stalking another. Understanding the New York law that mandates stalking is a crime and how it categorizes stalking is important.

What is Stalking?

Stalking is a crime where one person makes another feel threatened or in danger. This can occur when a person is constantly following another, showing up at the same places as a victim, sending numerous messages, emails, texts, calls, or frequently appearing at their home uninvited. It’s classified as stalking and is illegal when your presence makes someone feel nervous or as if they’re in danger.

Types of Stalking Charges

New York law further breaks down stalking into four separate categories:

1. Stalking in the 4th degree: This is when someone makes another person or their family feel threatened. This is the least severe form of stalking, with the biggest array of factors.
2. Stalking in the 3rd degree: Similar to stalking in the fourth, this also includes a reasonable belief that the victim could suffer physical harm from the perpetrator.
3. Stalking in the 2nd degree: The same as the third degree, but involves the use of any sort of weapon.
4. Stalking in the 1st degree: The same as the second and third, but this involves a reckless or intentional form of physical harm to the victim.

Penalties for Stalking

The penalties for stalking someone in Long Island are severe. Fourth-degree stalking is considered a Class B misdemeanor, and third-degree stalking is a Class A misdemeanor. These charges are most often punished with prison time and a large fine. First and second-degree stalking are both considered felony charges. The convicted individual can face prison for at least five years as well as a substantial fine.

If the guilty party has prior convictions of the same crime, the sentence issued at conviction is increased. Repeat offenses lead to even harsher penalties.

Stalking crimes against a child younger than 18, 16, or 11, come with far worse punishment. The younger the child being stalked, the more severe the punishment. The charge may escalate from a misdemeanor to a felony depending on the age of the child being stalked.

Legal Defense for Stalking

When arrested for stalking, it’s recommended to immediately seek legal counsel. An experienced criminal attorney can help in reducing charges, proving innocence, or minimizing the severity of penalties. Our exceptional knowledge of the law allows us to provide this service.

We defend you by proving that the victim either lied about your stalking, identified the wrong person as the stalker, or that there isn’t enough evidence for the prosecution to send you to jail. Our job is to meticulously examine the evidence, follow it, and work to prove every point of your case. If the evidence is lacking or you have a valid alibi, we ensure this is made known.

Working with an experienced attorney is crucial in a case such as stalking in Long Island. There are many aspects of the law that the average person may be unaware of but that an attorney is familiar with. Engaging an attorney when accused of stalking could mean the difference between serving time in jail and preserving your freedom.

For more information, please visit the New York Police Department and the U.S. Department of Justice.