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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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New York Penal Code %c2%a7 120 45 Stalking Fourth Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: July 27, 2023)

Last Updated on: 27th July 2023, 04:36 pm

Charged with Stalking in the Fourth Degree in New York? How the Right Lawyer Can Defend You

Stalking allegations can put your reputation, relationships, and freedom at risk. But an experienced criminal defense attorney can often get charges reduced or dismissed.

This comprehensive guide covers:

  • Understanding 4th degree stalking charges in New York
  • How skilled lawyers defend against allegations
  • Finding the best attorney for your needs
  • Smart questions to ask in consultations
  • Why quality representation is critical

Let’s start with the basics on 4th degree stalking charges…

Understanding Stalking in the Fourth Degree

Per Penal Law § 120.45, a person commits stalking in the fourth degree by:

– Intentionally engaging in a course of conduct (two or more acts)

– Directed at a specific person

– Which is likely to cause reasonable fear of material harm or mental/emotional distress

– When they know or should know this fear/distress will result

Stalking in the 4th degree is a Class B misdemeanor, punishable by up to 3 months in jail.

Key elements prosecutors must prove are intent to cause distress/fear, a pattern of conduct, and knowledge of potential impact. But skilled defense can raise doubts.

How Lawyers Defend Against Stalking Charges

While the DA has the burden of proof, defense lawyers fight back by:

– Contesting the stalking vs harassment classification

– Alleging conduct was unintentional or constitutionally protected

– Disproving claims you knew behavior would cause fear/distress

– Challenging credibility of accusers if inconsistencies arise

– Questioning evidence proving you were the perpetrator

– Demonstrating actions were reasonable under circumstances

– Leveraging lack of criminal record and upstanding character

– Negotiating dismissal of charges or reduced sentencing

An adept NYC defense attorney knows how to exploit weaknesses for the best outcome.

Finding the Best Attorney for Your Needs

All lawyers are not equal. For 4th degree stalking charges, seek these credentials:

Knowledge of New York Stalking/Harassment Laws – In-depth familiarity with NY statutes and case law precedents.

Investigation Skills – Willingness to dig into case details and background to build the strongest defense.

Negotiation Ability – Proven record of getting charges dismissed fully or pleading down through deals.

Trial Experience – Litigation skills and comfort taking cases to court when advantageous.

Responsiveness – Makes themselves available to address client concerns and provide reassurance.

Tenacity – Won’t back down from questioning accusers and police conduct when warranted.

Vet any potential counsel thoroughly on these points before committing your case. Your future is at stake.

Questions to Ask Lawyers in Consultations

When meeting with attorneys, smart questions to ask include:

– How extensively have you defended stalking cases specifically in New York?

– What strategies will you use to contest the stalking classification and get charges dismissed?

– Are you willing to take my stalking case to trial if we can’t reach a favorable plea deal?

– How often do your stalking cases end in settlement versus going to court?

– Can you share examples of past stalking cases you defended successfully?

– If I need urgent communication, what is your response time?

– What weaknesses do you see in the evidence against me? How can we challenge it?

Their expertise and engagement can give confidence they are up for defending you.

Why Hiring the Best Lawyer Matters

Here are key reasons an excellent stalking defense attorney is worth the investment:

Better Results – Their negotiation skills secure vastly better plea deals if needed.

Peace of Mind – You can breathe easier with a legal expert on your side.

Avoiding Mistakes – They prevent you from legal missteps that compound problems.

Case Preparation – Meticulous pretrial preparation equips them to win arguments.

Client Service – They make you feel supported and explain process clearly.

Experience – Their specific stalking defense experience leads to better outcomes.

Local Knowledge – Understanding of local prosecutors and judges benefits you.

Don’t gamble with your future. An expert lawyer is a wise investment.

Take Action Now to Protect Yourself

Stalking accusations shouldn’t be taken lightly. But defending yourself proactively with experienced counsel makes a huge difference.

I encourage you to reach out 24/7 for urgent case review if you are facing allegations. Early intervention improves chances of favorably resolving the situation.

My firm has successfully defended clients just like you against stalking and harassment charges. Let’s craft a winning strategy tailored to the nuances of your case. You deserve strong advocacy – let’s talk soon!

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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