If you or someone you know is facing stalking charges in Nassau or Suffolk County, the consequences can be severe. A conviction may lead to jail time, harm your reputation, and impact your career for years to come. At The R.M.L. Law Firm, PLLC, we provide aggressive and strategic defense for individuals charged with stalking in Nassau County and Suffolk County. With years of experience, we are dedicated to securing the best possible outcome for our clients. Speak with an experienced Long Island criminal defense attorney today. If your case involves allegations of domestic violence, we have a dedicated LI domestic violence lawyer ready to assist you.
Stalking Defense Lawyer Serving Nassau County & All of Long Island
Stalking, outlined in Article 120, involves persistent and unwanted actions directed at another person, causing them to fear for their safety or experience significant emotional distress. While some actions may appear harmless on the surface—such as repeated text messages, phone calls, or social media interactions—they can lead to criminal charges if perceived as threatening or unwelcome.
In New York, stalking offenses are categorized into four degrees, with charges ranging from misdemeanors to felonies. The level of the offense depends on factors like the nature of the behavior, any prior criminal history, and the victim’s age or relationship to the accused.
Degrees of Stalking Charges in New York
Stalking in the Fourth Degree (Class B Misdemeanor) – NY Penal Law § 120.45
Penalties for Fourth-Degree Stalking:
- Serve up to 90 days in jail
- Pay fines up to $500
- Face a protective order that bans further contact with the victim
Definition: Stalking in the Fourth Degree occurs when someone intentionally engages in a pattern of behavior directed at a specific person without a legitimate purpose. This behavior is likely to cause harm or distress. The law breaks this behavior into three main conditions:
- Fear of Harm: A person is guilty of stalking in the fourth degree if their conduct causes the target to reasonably fear harm to their physical health, safety, or property. This includes the target’s immediate family or close associates. For example, repeated following or contacting someone in a way that makes them fear for their safety or their loved ones qualifies as stalking.
- Mental or Emotional Harm: A person commits stalking by causing emotional or mental harm through repeated calls, messages, or contact after being told to stop. If the target experiences distress and the stalker ignores warnings, the law treats it as stalking.
- Fear of Employment Threats: Stalking in the Fourth Degree also occurs if the behavior makes the target reasonably fear for their employment, business, or career. This includes showing up at their workplace, making unwanted calls, or attempting contact after being told to stop. If these actions cause fear of losing their job or business, it can lead to a stalking charge. The law also includes tracking someone’s location, like using GPS, as part of the “following” behavior.
Stalking in the Third Degree (Class A Misdemeanor) – NY Penal Law § 120.50
Penalties for Third-Degree Stalking:
- Up to 1 year in jail
- Fines of up to $1,000
- A criminal record that can affect employment, housing, and other aspects of life
Definition: A person is guilty of Stalking in the Third Degree when they engage in certain actions that elevate the severity of a previous stalking offense or involve specific aggravating factors. Specifically, this charge can occur under any of the following circumstances:
- Repeated Stalking Behavior: If a person commits stalking in the fourth degree (as outlined under Section 120.45) against three or more individuals, and this behavior occurs in three or more separate instances, and the person has no prior convictions for stalking. This means that the individual’s repeated stalking behavior escalates the charge due to its pattern and volume.
- Prior Conviction and Predicate Crimes: If a person commits stalking in the fourth degree against any individual, but has been convicted in the past ten years of a serious crime (called a predicate crime) listed under Section 120.40, and the victim of the current stalking is the same individual or an immediate family member of that victim. This elevates the severity of the stalking offense due to the person’s prior criminal record and the connection between the current and past victim.
- Intent to Cause Fear or Harm: If a person intentionally engages in a pattern of conduct toward a specific individual with the intent to harass, annoy, or alarm them, and their behavior reasonably causes the victim to fear:
- Physical injury or serious injury,
- A sex offense being committed against them,
- Kidnapping, unlawful imprisonment, or death of the individual or their immediate family member. This situation addresses stalking with a more serious intent, where the victim reasonably fears significant harm or danger.
- Repeat Offense within Ten Years: If someone commits Fourth-Degree Stalking and has a prior conviction for the same within ten years, the charge increases. That repeat offense becomes Third-Degree Stalking under New York law.
Stalking in the Second Degree (Class E Felony) – NY Penal Law § 120.55
Penalties for Second-Degree Stalking:
- Up to 4 years in prison
- Fines of up to $5,000
- Long-term orders of protection that may limit your freedom for years
Definition: Stalking in the Second Degree under Penal Law 120.55 is a more serious offense compared to stalking in the third or fourth degrees, carrying harsher penalties and consequences. It is defined by several specific actions, each of which elevates the charge to a Class E felony.
Here is a clearer and more detailed explanation:
- Use or Threat of a Weapon:
A person commits Second-Degree Stalking by committing Third-Degree Stalking and displaying or threatening to use a weapon.
This includes firearms, knives, metal knuckles, or even fake weapons.
The accused adds violence by using or threatening weapons to intimidate or control the victim.
- Previous Convictions and Continuing Behavior:
A person escalates the charge to Second-Degree Stalking by targeting a previous victim or their family after conviction.
If the stalker was convicted of a violent felony and targets the same person again, the charge becomes more serious.
- Repeat Stalking:
A person escalates the offense to Second-Degree Stalking by committing similar acts against ten different victims in ten cases.
This pattern shows increased danger and a continued threat to public safety.
- Stalking a Minor:
A person 21 or older commits Second-Degree Stalking by repeatedly following or threatening someone under age 14.
This behavior causes the minor to fear injury, death, or serious harm.
- Prior Convictions for Stalking:
A person who repeats stalking after a Third-Degree conviction, even with a new victim, faces a Second-Degree charge.
Repeat stalking shows a harmful pattern and justifies harsher penalties.
Stalking in the First Degree (Class D Violent Felony) – NY Penal Law § 120.60
Penalties for First-Degree Stalking
- Up to 7 years in prison
- Fines of up to $5,000
- A violent felony conviction that can lead to enhanced penalties for future offenses
Definition: Stalking in the First Degree is the most serious stalking offense under New York law. It is a Class D violent felony and carries severe penalties. To face a charge of Stalking in the First Degree, a person must first commit Stalking in the Second or Third Degree. Then, the defendant must take specific actions that escalate the offense’s severity. Below is a clear explanation of the circumstances leading to a first-degree stalking charge.
Elements of Stalking in the First Degree
A person is guilty of Stalking in the First Degree if, during Stalking in the Third or Second Degree, they engage in one or both of the following:
- Intentional or Reckless Physical Injury: The defendant intentionally or recklessly causes physical injury to the victim. This includes hitting, punching, pushing, or any physical harm causing injury. Even without premeditation, recklessness applies if the defendant knew of the risk of injury but ignored it. This elevates the offense to stalking in the first degree. Stalking combined with physical harm is more dangerous and deserves a higher penalty due to the violence involved.
- Sex Offenses or Other Felonies: The defendant commits a Class A misdemeanor under Article 130 (Sex Offenses), such as sexual harassment, or any Class E or D felony sex offenses listed in sections 130.25, 130.40, 130.45, or 130.30. If the defendant engages in sexual conduct or other felonies during stalking, they face a first-degree stalking charge. New York treats these offenses seriously, including actions like sexual abuse, attempted sexual assault, or sexual exploitation.
Orders of Protection in Stalking Cases on Long Island
In stalking cases, it is common for Long Island judges to issue an Order of Protection to protect the complainant. These protective orders are legally binding and can impose significant restrictions on your movements and actions. Understanding the potential impact of an order of protection is essential to avoid further legal complications.
Restrictions Imposed by an Order of Protection
An Order of Protection may impose a range of restrictions on the accused, including but not limited to:
- Stay Away Orders: You may be required to stay away from the victim’s home, workplace, school, or other locations where they are likely to be present.
- Cease All Communication: The order can prohibit all forms of communication with the alleged victim, including phone calls, texts, emails, and social media messages. Even indirect contact through third parties may be forbidden.
- Surrender of Weapons: If you own any firearms, weapons, or dangerous instruments, the court may order you to surrender them to law enforcement, significantly limiting your ability to possess or carry weapons during the case.
Duration of Orders of Protection Following Conviction
If you are convicted of stalking, whether through trial or a plea deal, the court may replace a temporary order with a Final Order of Protection. The duration of this order can vary depending on the severity of the offense:
- Up to 8 years for felonies
- Up to 5 years for Class A misdemeanors
- Up to 2 years for Class B misdemeanors or violations
Violating the terms can lead to additional charges, fines, and potential jail time. Given the serious restrictions and long-lasting impact of a Final Order of Protection, take these orders seriously. If charged with violating an order of protection, our Nassau County order of protection violation attorney can help.
Effective Defense Strategies for Stalking Charges on Long Island
Successfully defending a stalking charge in Nassau or Suffolk County courts requires a detailed and aggressive strategy. At The R.M.L. Law Firm, PLLC, we approach every case with a comprehensive defense plan that includes:
- Thorough Investigation: We gather evidence, including texts, emails, surveillance footage, and witness testimony, to build a strong defense.
- Challenging the Prosecution: Stalking cases often rely on subjective claims of fear or distress. We scrutinize the prosecution’s case to highlight inconsistencies and present alternative explanations for the alleged behavior.
- Negotiating with Prosecutors: When appropriate, we negotiate for reduced charges or alternative sentencing, such as probation, counseling, or community service.
- Aggressive Courtroom Defense: If your case goes to trial, we will present a persuasive argument to the judge and jury, aiming for a full dismissal or acquittal.
Contact an Experienced Long Island Stalking Defense Lawyer Today
Facing stalking charges in Long Island is serious, but you don’t have to face it alone. The R.M.L. Law Firm, PLLC is here to protect your rights and guide you through the legal process.
With over a decade of criminal defense experience, Attorney Ramy Mikhail Louis offers effective, client-centered representation. As a former Nassau County prosecutor, he understands the system from both sides, giving you a unique advantage. Contact our firm today.
