Penalties For Stalking In New York
You might like the famous series ‘You’ that streams on Netflix. But stalking or being stalked in real life is not a pleasant experience.
Stalking is considered a crime within the state of New York.
If you are charged with the action of repeatedly communicating or following someone that feels threatening to the other, you can be charged with the crime of committing stalking.
In this article, we will be discussing the penalties that might be faced against the charge of stalking in New York.
Contents
What Is Stalking in New York?
Stalking has been known as a crime that involves the harasser being continuously involved in communicating or following the victim for the purpose of harassing them.
In some cases, the harasser is also recognized to effectively make use of threats and force to stalk their victims.
Stalking can be accomplished in various ways by the harasser. The offender can follow the victim on foot or by car, which is traditionally seen. On the other hand, the offender can also be present in the place the victims seem to live or travel.
This means they will follow the victim whenever they are present, even when their presence is not welcomed by the victim.
Many a time, the offender will make use of GPS tracking systems for the purpose of getting to know the location of the victim.
On the other hand, if you are constantly texting, calling, or emailing someone even when you are asked to stop is another form of stalking.
Additionally, if you tend to show up in someone’s place of employment, that can put their career at risk, and trying to communicate with them in their workplace is also a kind of stalking that is recognized in New York.
New York is one of the first states in the United States that has recognized the crime of stalking.
The state defines repeated harassment of the victim by a harasser, which is at a threatening level is defined as stalking in New York.
Victims of stalking are generally observed to seek restraining orders for the purpose of keeping the harasser from their acts.
Law enforcement within New York has been recognized to prosecute and arrest those who have been charged with stalking. They have made arresting individuals charged with stalking a priority.
This is because stalking does not only annoy the victim but, if not checked, can lead to violent behavior that can harm the victim.
Due to this, stalking is a serious crime seen by the state laws of New York.
New York Stalking Laws
The state of New York categorizes stalking to be a felony under its criminal code.
Penal 240.6,.32; 120.45 to .60 are considered to be legal sections within the New York Criminal Code that criminalize the offense of stalking in the state.
Stalking in the 4th degree, which is intentional and with no legitimate purposes, is supposed to engage in reason that the offender tends to know. Such kind of stalking is known to instigate fear within the victim and their immediate family.
Additionally, if the stalkers tend to have access to the victim’s workplace, which imposes risk on their career is also 4th-degree stalking.
On the other hand, 3rd degree stalking is similar to 4th degree stalking that involves more than one victim who is being stalked by the offender. Along with this, when the victim fears bodily injury or serious threat, it is 3rd degree stalking.
2nd degree stalking tends to occur when there is a weapon that is involved with the offender who stalks the victim or has been charged with a second conviction of stalking offense within five years of the previous conviction.
Finally, 1st degree stalking is the same as 3rd or 2nd degree stalking, but it has intentional or irresponsible physical harm to the victim.
What Are The Penalties For Stalking In New York?
Within the state laws of New York, stalking is a Class D felony if convicted of the first-degree offense. If you get charged under this conviction, then you will be sentenced to a minimum of seven years in prison.
The second degree of stalking is considered to be classified as a Class E felony for which the penalty includes imprisonment of upto four years.
An instance of a Class E felony associated with stalking includes eavesdropping. This can further include wiretapping, overhearing a conversation through technical means, or having access to someone’s electronic communication systems.
In some cases, the offender who has been charged with the act of stalking can be sentenced to a suspension or revocation of their firearm license. There are also misdemeanor and felony penalties that are associated with the crime.
This is especially applicable if the stalker has been involved in the circulation of illegal supervision images within the first and second degrees of stalking.
What Can You Do If You Have Been Charged With The Act Of Stalking?
If you have been faced with charges of stalking in the state of New York, you are required to hire a good and experienced criminal offense lawyer.
A criminal offense lawyer will be acting in your best interest to effectively save you from serving jail time.
The criminal offense lawyer will be acquiring effective pieces of evidence to develop your defenses in the court of law. A well-versed and experienced criminal defense lawyer having dealt with stalking cases will be most effective to represent in the court trials.
We at lawyersinventory.com have a wide selection of experienced criminal defense attorneys belonging to New York who are willing to take up your case.
You also have the liberty to acquire free first consultation from our listed criminal defense lawyers to decide which one will be the best for your case.
And It’s A Wrap!
Now you have understood the penalties that are associated with stalking in the state of New York.
If you have been charged with the act of stalking, you are advised that you hire a good and experienced criminal defense lawyer to represent you in court trials.
Additionally, you can select from a wide array of criminal defense lawyers on our website who are seeking to act in your best interests.
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