new york stalking sentencing lawyer

Facing Stalking Charges in New York? How a Lawyer Can Help

Being accused of stalking in New York can have devastating consequences on your life and future. Stalking charges should never be taken lightly. An experienced criminal defense lawyer can be the difference between a guilty verdict and getting the charges reduced or dismissed. This article will cover New York’s stalking laws, penalties, and how a skilled attorney can defend your case.

New York’s Anti-Stalking Laws

New York defines various degrees of stalking under Penal Code Article 120:

Stalking in the 4th Degree – Knowingly engaging in a course of conduct directed at a specific person that causes fear or emotional harm. This is a Class B misdemeanor.
Stalking in the 3rd Degree – Same conduct as 4th degree, but has previously been convicted of stalking within last 10 years. Class A misdemeanor.
Stalking in the 2nd Degree – Stalking that causes the victim to fear physical injury, kidnapping, or death. Class E felony.
Stalking in the 1st Degree – Same conduct as 2nd degree, but perpetrator has previously been convicted of stalking within last 10 years. Class D felony.

Even seemingly innocent acts like sending flowers or gifts can constitute stalking under the law if they cause fear or emotional distress. New York takes anti-stalking laws very seriously.

Penalties for a Stalking Conviction

Depending on the degree and your criminal history, a stalking conviction can lead to:

Jail time – Up to 1 year for a misdemeanor, up to 7 years for a felony.
Fines – Up to $1,000 for a misdemeanor, up to $5,000 for a felony.
Orders of protection – Keeping you away from the victim.
Probation – Up to 10 years of strict monitoring.
Permanent criminal record

Stalking sentences tend to be harsher if there is a current or former domestic relationship with the victim. Prior stalking convictions also increase penalties significantly.

How Can a Lawyer Defend Against Stalking Charges?

A skilled New York stalking defense attorney can attempt to get charges dismissed or reduced by:

Challenging intent – Argue you did not intend to stalk or cause harm.
Disputing fear – Claim the alleged victim was not reasonably fearful.
Lack of direct threats – If you did not directly threaten the victim.
Questioning credibility – Undermine the alleged victim’s trustworthiness.
No criminal record – Use having no prior stalking convictions to your advantage.

An attorney may also negotiate with the prosecutor to get charges lowered to harassment, trespassing, or other less serious crimes. This avoids the severe stigma of a stalking conviction.

What Should You Do if Accused of Stalking?

If questioned by police about stalking allegations, invoke your right to remain silent. Do not try to explain your side of the story without an attorney present. Cooperate politely, but say you wish to speak to a lawyer before answering any substantive questions.

How to Find the Best Stalking Defense Lawyer

Look for these traits in a New York stalking defense attorney:

Extensive criminal trial experience – At least 10 years handling criminal cases.
Focus on stalking defense – An attorney who regularly deals with stalking cases.
Success record – A proven history of getting stalking charges dismissed or reduced.
Strong negotiation skills – Can work out plea bargains with prosecutors.
Reasonable fees – Avoid lawyers who nickel-and-dime you or have hidden costs.

Search state bar association directories and read online reviews to find high-quality stalking defense lawyers.

Questions to Ask a Potential Lawyer

Here are some key questions to ask during an initial consultation with a stalking defense lawyer:

How much experience do you have specifically with stalking cases?
What defense strategies do you see being effective in my case?
What are the chances of getting the charges reduced or dismissed?
How strong is the prosecution’s evidence against me?
What would be your approach to negotiating with the prosecutor?
What are your fees and what services do they cover?

Gauge the attorney’s responsiveness and expertise in stalking cases based on their answers. Make sure you feel comfortable working with them.

Is Hiring a Lawyer Worth the Cost in Stalking Cases?

While legal representation costs money, stalking convictions carry huge personal costs. The stigma of being labeled a “stalker” can follow you for life. And jail time, fines, and protective orders severely restrict your freedom. Compared to the alternative, hiring an experienced lawyer is a wise investment.

Public defenders also have extremely high caseloads. A dedicated defense lawyer focused just on your case is essential for the best outcome. Don’t take chances when your reputation and liberty are at stake.

Can I Afford a Stalking Defense Lawyer in New York?

If you cannot afford a private lawyer, you have options. Ask the court to appoint a public defender at no cost. Or look into legal aid organizations that take cases pro bono or at reduced rates based on income. Many lawyers also offer flexible payment plans.

Some additional ways to pay for legal help include borrowing money from friends/family, using credit cards, tapping retirement accounts, taking out a home equity loan, or using a legal financing company. Explore all avenues since your freedom is on the line.

Start Fighting Your Stalking Charges Today

Stalking allegations can turn your life upside down. Do not wait to seek experienced legal representation. The sooner you have a lawyer on your side negotiating with prosecutors and investigating the claims against you, the better. Your future could depend on taking quick action today.