Is Stalking a Felony in New York?

Stalking can be a felony in New York, depending on the severity of the offense and the circumstances surrounding the case. New York’s anti-stalking laws categorize the crime into different degrees, with higher degrees constituting more serious offenses that can result in felony charges.

Here, our Albany criminal defense attorneys at O’Brien & Eggleston PLLC explain the difference and the importance of seeking legal representation to help ensure your rights are protected.

What is the Definition of Stalking?

Stalking is repeatedly engaging in behavior directed at a specific person that causes fear, emotional distress, or concern for their safety. This behavior can involve following, monitoring, harassing, or threatening the victim directly or indirectly. Stalking can include physical actions like surveillance or following someone and digital actions, such as persistent texting, emailing, or using social media to track or contact the individual.

The critical elements of stalking typically include the following:

• Intentional Conduct: The stalker engages in actions knowingly and purposefully.
• Repetition:The behavior occurs repeatedly over time, creating a pattern.
• Unwanted Contact or Harassment:The victim does not want the contact or behavior.
• Fear or Distress:The victim feels fear, emotional distress, or concern for their safety or the safety of their loved ones due to the behavior.

What are the Different Degrees of Stalking in New York?

In New York, stalking is considered a criminal offense. The severity of the charge depends on factors like the nature of the behavior, any threats made, and whether the stalker has a prior history of similar actions.

That includes:

• Stalking in the Fourth Degree (Penal Law 120.45): This is the least severe charge and is a Class B misdemeanor. It involves engaging in a pattern of behavior that causes fear of harm, bodily injury, or mental distress to another person.
• Stalking in the Third Degree (Penal Law 120.50): This is elevated to a Class A misdemeanor if the stalking involves more serious behavior, such as targeting multiple individuals, or if the stalker has a history of committing certain crimes against the victim.
• Stalking in the Second Degree (Penal Law 120.55): This is the first felony-level charge and is a Class E felony. It applies when the stalker has committed stalking in the third degree and used a weapon, targeted a minor, or committed the offense after being previously convicted of certain crimes.
• Stalking in the First Degree (Penal Law 120.60): This is the most severe stalking charge and is a Class D felony. It applies when the stalker causes physical injury to the victim or commits stalking while engaging in other serious crimes, such as sexual assault.

At O’Brien & Eggleston, our skilled criminal defense attorneys can help by defending against stalking charges, examining the evidence, and identifying potential defenses, such as challenging the prosecution’s proof of intent or lack of credible threats.

Contact Our Albany Criminal Defense Attorneys Today

Contact our Albany County criminal defense lawyers at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to ensure your rights are protected. We have a strong track record of producing real results for our clients. Allow us to pursue the best outcome for your case, too.