YOUR STALKING LAWYER IN UPSTATE NY
There are four different types of Stalking ranging from Misdemeanor Stalking charges to Felony Stalking charges:
1) Stalking in the Fourth degree (Misdemeanor)
2) Stalking in the Third degree (Misdemeanor)
3) Stalking in the Second degree (Felony)
4) Stalking which is Stalking in the First degree (Felony)
The term “stalking” is legally described when a person places a victim into a state of fear for safety by involuntarily showing up / following /initiating contact and communication after the victim has asked for all communication to stop. Unfortunately, many stalking cases transform into assault, sex crimes, rapes, kidnapping, robbery and sometimes even murder. Often New York courts issue an “Order of Protection” in the victim’s name, after an arrest on a stalking charges.
We at Carbone & Carbone have the right court relationships and experience to help you with these charges. Here is a list to give you an idea of which stalking charge could be applicable for a specific situation:
Stalking in the 4th Degree. (Class B misdemeanor)
• A person causes reasonable fear of physical harm to a victim, that person’s family, or to that person’s property
•Causes harm to that person’s mental or emotional health, where that conduct is following, telephoning, or initiating contact with that person or an acquaintance of that person after he or she told you to stop. Following includes tracking another person using GPS.
•Is likely to cause that person to fear that his or her job, business or career is at risk because your stalking conduct includes showing up at that person’s job or telephoning or in some other way communicating with that person at his or her job.
Stalking in the 3rd Degree. (Class A misdemeanor)
•You stalk 3 or more different people on at least 3 separate occasions; or
•Within the prior 10 years you were convicted of one of the following predicate crimes: sexual misconduct, rape in the third degree, rape in the second degree, criminal sexual act in the third degree, criminal sexual act in the second degree, sexual abuse in the third degree, sexual abuse in the second degree, aggravated sexual abuse in the first degree, incest in the third degree, incest in the second degree or incest in the first degree. The stalking victim and the predicate crime victim must be the same or the predicate crime victim must be a member of the stalking victim’s family.
•Intending to annoy, harass or alarm the victim, you engage in a course of conduct that is likely to cause that person to fear that you will physically harm, kidnap, commit a sex offense, or commit the crime of unlawful imprisonment against that person or that or that person’s immediate family.
•Within the last 10 years you have been convicted of stalking in the fourth degree.
Stalking in the 2nd Degree. (Class E felony)
•Stalking in the second degree is very similar to stalking in the third degree that it also involves engaging in conduct that causes the victim to fear that you will physically harm, kidnap, commit a sex crime, or commit a sex offense, except that in the case of stalking in the second degree you also display a weapon. Or you do so after within the last 5 years being convicted of a predicate sex offense. Or you do so against at least 10 different people on 10 separate occasions.
Stalking in the 1st Degree. (Class D felony)
You will face a stalking in the first degree charge if while stalking someone you also cause the person physical injury. Or while stalking someone you also commit sexual misconduct, forcible touching, sexual abuse in the second degree, rape in the third degree, criminal sexual act in the third degree, female genital mutilation, rape in the second degree, or criminal sexual act in the second degree.
Please contact our experienced attorneys to help you with these charges. Call us at 518-283-1245