Face Bronx Stalking Charges With An Experienced Attorney At Your Side
Stalking is taken very seriously in New York City
Whether you live in the Bronx, Manhattan, Brooklyn, Queens, or Staten Island, stalking charges can have serious long-term consequences that can affect all aspects of your life. Being convicted of stalking and other related offenses can result in:
- Jail time or prison time
- A mark on your permanent record
- Immigration and citizenship issues
- Issues with employment
- Family and personal issues
For these reasons, it is imperative that you fully understand the charges against you and that you get the opportunity to tell your side of the story to a knowledgeable, experienced attorney. Contact New York stalking defense attorney Jason Steinberger today to schedule a free, private meeting: (718) 585-2833.
The Four Types Of Stalking Charges In New York
Stalking means that an accused stalker places the victim in fear for his or her safety by involuntarily showing up or following or initiating contact through some type of communication or starting another type of communication after the victim has asked for all communication to stop. After an accused stalker or stalking defendant is told to stop this conduct, the law uses a “reasonable person” standard to determine whether any further contact would place a person/victim in fear for his/her safety.
There are four different types of stalking charges in New York, ranging from misdemeanor stalking charges to felony stalking charges.
Stalking in the fourth degree is when someone, “intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct is likely to cause” reasonable fear of harm, causes material harm to the mental or emotional health of such person, or is likely to cause such person to reasonably fear that his or her employment, business or career is threatened. Stalking in the fourth degree is a Class B Misdemeanor.
Stalking in the third degree is a Class A Misdemeanor when someone:
- Commits an act of stalking in the fourth degree involving more than three people or on more than three occasions.
- Engages in a course of conduct that “is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family.”
- Commits the crime of stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.
Stalking in the second degree is a Class E Felony in which a person:
- Commits the crime of stalking in the third degree and displays or threatens the use of a firearm or other weapon.
- Commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree against any person.
- If the stalker is over 21, commits the act of repeatedly following a person under the age of fourteen or engaging in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury, or death.
- Commits the crime of stalking in the third degree against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted.
Stalking in the first degree is a Class D Felony in which a person commits either stalking in the second degree or standing in the third degree and also intentionally or recklessly causes physical harm to the victim or also commits Class A Misdemeanor, a Class E Felony or a Class D Felony.
Stalking & Orders of Protection
As a Bronx stalking defense lawyer, Jason Steinberger understands that the Offices of the District Attorney in New York, Bronx, Brooklyn, Queens and Staten Island are very sensitive to stalking cases because they have potential to lead to serious injury, more serious crimes, and more serious criminal charges. Unfortunately, many valid stalking cases have lead to other crimes, including:
- Sex crimes (including sexual assault and rape)
For this reason, after an arrest on a stalking charges, the courts will often issue an Order of Protection in the name of the victim or complainant. The purpose of the Stalking Order of Protection is to stop all contact and communication between the accused stalking defendant and the victim. It is vital to respect the reason for this Order of Protection and to follow the order closely.
Get Legal Help With Your New York Stalking Charge Today
It is important to note that stalking cases focus on the mindset of the parties. Was it reasonable for the alleged victim to fear for his/her safety because of what the accused did? Was there a legitimate purpose for the accused to interact with the alleged victim?
That is why Jason A. Steinberger is the right choice to represent you if you are facing criminal stalking charges. He knows the best defenses for stalking charges and understands that stalking charges are sometimes borne out of misunderstandings or even malice. Talk to him today to better understand your options for action, and to get the best possible outcome for your case. Call his team today at (718) 585-2833 or fill out our short electronic contact form.