Law enforcement in the State of New York takes Stalking charges very seriously. A New York Stalking Lawyer will tell you that there are four types of stalking offenses, ranging from a misdemeanor to a felony charge. Stalking in the fourth degree is classified as a misdemeanor charge, and the most serious is Stalking in the first degree, which is considered a D felony. If you have been charged with Stalking or other criminal offense such as Endangering the Welfare of a Child, child pornography, kidnapping or Statutory Rape, it is imperative that you seek the guidance of a New York Stalking Lawyer from our team right away. You could be facing significant penalties including prison, probation and large fines.
The crime of Stalking involves the perpetrator making the victim feel unsafe or threatened by initiating contact, or attempting to communicate with the victim, after the victim has asked them to stop. Once the request has been made by the victim to stop, the legal standard of the “reasonable person” is used. If continued contact with the defendant would put the “reasonable person” in fear of their safety, then there has been a Stalking offense committed.
The District Attorney pays special attention to Stalking cases, because they can often lead to other crimes. Many Stalking cases can also include Assault, rape, kidnapping, robbery or a Sex Crime. Because of this, it is not uncommon for the court to issue an Order for Protection for the victim of a stalking crime. The goal of course, is to prevent any and all further contact between the perpetrator and the victim, in efforts to prevent the situation from escalating into something more serious.
The legal standard of proof for the District Attorney in these cases is “beyond a reasonable doubt.” Your New York Stalking Lawyer will need to cast doubt here, and will be asking questions such as: Was there contact between the parties for a legitimate reason? Was it reasonable for the victim to be in fear? These cases rarely have witnesses, so the credibility of the witnesses will be important.
Speak with a New York Criminal Lawyer from the Law Offices of Elliot Adler, P.C. for advice and legal support. When you come in, we will offer you valuable guidance and a free case consultation. We handle criminal cases such as stalking throughout New York City including in Manhattan, the Bronx, Brooklyn, Queens and Staten Island as well as in Nassau County and Suffolk County on Long Island and Westchester County. Call us today at 212.785.1300 for your free case evaluation.