We Defend Your Rights If You Are Accused Of Stalking Or Cyberstalking
Being accused of stalking can have serious consequences for your life, even if the accusations are false or exaggerated. Under New York law, stalking can be charged as either a misdemeanor or a felony crime.
To obtain a conviction, however, the prosecutor must prove that your behavior included all four elements that define the crime of stalking:
- There must be a course of conduct, that is, a series of related acts over a period of time. These acts may include phone calls, letters or objects delivered to a person’s residence or workplace, electronic messages, following, and/or electronic location tracking.
- These acts are intentional and serve no legitimate purpose.
- These acts are targeted at a specific person.
- This course of conduct can be reasonably expected to (1) make the target fear for their own physical health, safety, or property, or that of a friend or relative, (2) harm the target’s mental or emotional health, or (3) make the target afraid of losing their job due to repeated contacts at the target’s workplace.
This definition places a heavy burden of proof on the prosecution. It also provides you and your lawyer with many possible angles of defense. If you and your attorney mount an aggressive defense right from the start, a stalking charge could be reduced or even dismissed.
JOEY JACKSON LAW, PLLC., is the firm you need to fight stalking charges. You will get both a personal legal advisor and an aggressive advocate in the criminal justice system. Attorney Joey Jackson has over 25 years of experience practicing criminal law in New York City and a distinguished record of success. You can rely on his skill and fortitude to deliver the best possible outcome for you.
New York Degrees Of Stalking Crimes
New York penal law defines four degrees of stalking crimes. A stalking charge may be elevated to the next degree when multiple victims are involved or the stalker has a prior conviction for a similar crime. The attorneys of JOEY JACKSON LAW, PLLC., will aggressively defend you with all of their experience and knowledge if you are charged with any of the following:
- Stalking in the fourth degree, a class B misdemeanor, consists of the four basic elements of stalking described above.
- Stalking in the third degree, a class A misdemeanor, occurs when the stalking is intended to make the target fear serious physical injury, sexual assault, kidnapping or death. For example, the stalker may voice specific threats of violence.
- Stalking in the second degree, a class E felony, occurs when the stalker displays or threatens the use of a dangerous weapon in the commission of stalking in the third degree.
- Stalking in the first degree, a class D felony, occurs when, in the process of second- or third-degree stalking, the stalker sexually assaults the target or intentionally or recklessly causes physical injury to the target.
Defenses Against Stalking Charges In New York City
Attorney Joey Jackson has the necessary skills and commitment required to challenge the prosecution’s case. For example, attorney Jackson can argue for the reduction or dismissal of charges on the grounds of:
- The conduct did not occur as claimed, which may be proven through phone and other records.
- The conduct had a legitimate purpose, for example, trying to contact an ex-spouse regarding children or property.
- The conduct did not rise to the level of causing emotional harm or real fear of physical harm.
Speak With A New York Lawyer Who Will Stand Up For You
A stalking conviction can have a serious impact on your job and your life. You could face fines, jail time and a criminal record that will show up on all future background checks for housing, jobs and professional licenses. Whatever the facts of your case may be, you can count on JOEY JACKSON LAW, PLLC., to deliver the best possible defense for you. Contact our Manhattan office at 833-563-9522 for a consultation.