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:
- Up to 90 days in jail
- Fines of up to $500
- Issuance of a protective order prohibiting further contact
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, and the behavior is likely to cause harm or distress. The law breaks this behavior down into three main conditions:
- Fear of Harm: A person is guilty of stalking in the fourth degree if they engage in conduct that is likely to cause the target to reasonably fear harm to their physical health, safety, or property. This includes not just the person being stalked but also members of their immediate family or a third party the person is close to. For example, if someone repeatedly follows a person or contacts them in a manner that makes the individual fear for their safety or the safety of their loved ones, this could qualify as stalking.
- Mental or Emotional Harm: If the person’s conduct causes emotional or mental harm to the target, this is also considered stalking. This can occur through following, telephoning, or initiating other forms of communication with the person, their family, or someone they know. This applies especially if the stalker was previously informed, clearly and directly, to stop their behavior but chose to continue. For instance, if someone repeatedly calls or sends messages after being told to stop, and those actions cause emotional distress, it can result in a stalking charge.
- Fear of Employment Threats: Stalking can also be classified under the fourth degree if the behavior is likely to cause the person to reasonably fear for their employment, business, or career. This includes showing up at the person’s workplace, making unwanted calls, or trying to contact them there after being told to stop. If these actions make the person fear losing their job or business, it could lead to a stalking charge. The law also mentions that stalking can include tracking someone’s location without permission, such as using GPS technology, which falls under 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 a person commits stalking in the fourth degree, but has been convicted of the same charge (stalking in the fourth degree) within the previous ten years, the repeat offense results in a higher-level charge of stalking in the third degree.
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 stalking in the second degree if they engage in stalking in the third degree, but with the added factor of threatening or displaying a weapon in the process. This can include anything from firearms (pistols, rifles, shotguns) to other dangerous weapons, such as knives, metal knuckles, or even an imitation weapon. The key here is that during the course of stalking, the accused either displays or threatens to use one of these dangerous weapons to intimidate or control the victim. This adds a violent element to the stalking behavior, making the crime more severe.
- Previous Convictions and Continuing Behavior: If someone has been convicted of stalking in the third degree and commits the offense again, and the victim of the previous stalking charge (or their immediate family member) is now the victim of the new offense, this can elevate the charge to stalking in the second degree. Additionally, if the offender was convicted of a predicate crime (such as a violent felony or other specified offenses), and the same victim or their family member is targeted again, it can increase the severity of the stalking charge.
- Repeat Stalking: If a person is convicted of stalking in the third degree and commits similar offenses in relation to ten or more different victims in ten separate instances, it will escalate the offense to stalking in the second degree. This reflects a pattern of escalating stalking behavior involving multiple victims, which increases the danger and harm posed by the individual.
- Stalking a Minor: Stalking in the second degree is also charged when a person 21 or older repeatedly follows or engages in a course of conduct that intentionally places a person under the age of 14 in reasonable fear of physical harm, serious injury, or even death. This provision emphasizes the gravity of stalking behavior directed at minors, particularly when the accused is much older, potentially increasing the risk and vulnerability of the young victim.
- Prior Convictions for Stalking: If a person has previously been convicted of stalking in the third degree and continues to engage in stalking behavior, even if directed at a new victim, it can elevate the charge to stalking in the second degree. The law recognizes that repeat offenders present a greater threat, and continuing this harmful pattern can lead to more severe charges.
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 (Penal Law 120.60) is the most serious level of stalking offense under New York’s laws. It is a Class D violent felony and carries severe penalties. To be charged with Stalking in the First Degree, the defendant must first commit either Stalking in the Third Degree or Stalking in the Second degree, and then take certain additional actions that escalate the severity of the offense. Below is a clearer explanation of the circumstances under which someone can be charged with stalking in the first degree:
Elements of Stalking in the First Degree
A person is guilty of Stalking in the First Degree if, during the commission of either Stalking in the Third degree or Stalking in the 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 of the stalking offense. This could include actions like hitting, punching, pushing, or any other type of physical harm that results in injury. Even if the injury wasn’t premeditated, if the defendant acted recklessly, meaning they were aware of the risk of injury but ignored it, this can elevate the offense to stalking in the first degree. The law recognizes that stalking, when combined with physical harm, is more dangerous and warrants 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 felony or Class D felony sex offenses as outlined in sections 130.25, 130.40, 130.45, or 130.30. This means that if the individual charged with stalking engages in sexual conduct (like unwanted sexual contact or attempts to coerce or force sex) or other felonious acts during the course of stalking, they can face a first-degree stalking charge. These offenses are taken very seriously in New York and can include actions such as 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 further legal consequences, including additional charges, along with fines and potential jail time. Given the serious restrictions and long-lasting impact of a Final Order of Protection, it is essential to take these orders seriously. If you are also 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 are prepared to 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.
