New York City Stalking in the Fourth Degree
The key phrase to remember when considering a stalking charge is “course of conduct.” All the charges related to stalking involve a person engaging in a course of conduct that negatively affects another person, and the degree or severity of the repeated actions dictates how serious the charges against that person are. Call us to discuss a New York City 4th degree stalking lawyer.
Stalking in the Fourth Degree Charges
A person can be found guilty of Stalking in the Fourth Degree in New York City if they engage in a course of conduct that is likely to cause reasonable fear of material harm to physical or mental health, or threatens a person’s employment. There is no requirement for any physical contact by the defendant, and there is no threshold for how many separate acts constitute a course of conduct: the determination is made based on the circumstances of each case.
This offense tends to occur in domestic cases where one party constantly calls, emails, texts, or posts on social media about their partner or ex-partner. It is important to remember that the intent of the person initiating the contact is irrelevant. Frequently, persons charged with stalking do not perceive what they do as harassing or menacing at all, which is why the statute gives the standard of whether the actions cause a “reasonable fear.” Repeated communications attempting to get back together or to apologize, which turn to anger when the caller does not get the reaction sought, can easily lead to reasonable fear, depending on the conversation. Similarly, repeated contact with a person’s work phone or while a person is at work can cause employment issues, regardless of the caller’s intention.
Fourth-Degree Stalking Penalties
A conviction for Stalking in the Fourth Degree can pose lasting repercussions to a defendant’s life. The offense itself is a class B misdemeanor, punishable by up to 90 days in jail. However, the stigma and effects of having a criminal record for stalking can last a lifetime, even if the person never intended any real harm.
Collateral Consequences of a Stalking Conviction
Even if you avoid jail time for a stalking in the fourth degree conviction in New York City, the consequences can follow you for years. A conviction under New York Penal Law § 120.45 is a Class A misdemeanor, but it carries far more than just legal penalties. There are also collateral consequences that can impact your reputation, career, and future opportunities.
One of the most immediate effects is the imposition of a criminal record, which may show up in background checks. This can impact employment, housing, professional licensing, and even your ability to volunteer or attend certain schools. In sensitive fields like education, healthcare, or law enforcement, a stalking conviction can disqualify you entirely.
Non-citizens face an even greater risk. A misdemeanor stalking charge may trigger immigration consequences such as deportation proceedings, visa ineligibility, or denial of naturalization applications.
Additionally, courts often impose orders of protection that limit your contact with the alleged victim. Violating these orders, even accidentally, can lead to further criminal charges and stricter penalties.
Finally, a stalking conviction can carry a lasting social stigma. Friends, family, or colleagues may view you differently, and in the age of the internet, even an old conviction can resurface and damage your reputation long after the sentence is complete.
Defenses to Fourth Degree Stalking
Facing arrest and criminal charges for stalking allegations can be overwhelming, but you are still entitled to a strong defense. With the right strategy in place, you may be able to beat these charges and walk away with a clean record. Some of the most common types of defense strategies include the following.
Lack of Evidence
The prosecution has to provide substantial evidence of your guilt in order to secure a conviction. Proving that you committed stalking beyond a reasonable doubt is a high burden of proof, and the state will not always be able to meet it. Your attorney could argue that, even assuming all of the state’s evidence is true, they have not proven that you are guilty of a crime.
Innocence
There is no more straightforward defense strategy than simply claiming it did not happen. There is a subjective nature to stalking allegations, which can lead to some honest misunderstandings. You could be acquitted at trial if your attorney can show a jury that you had no intention of causing fear or putting a person’s employment in jeopardy, and that no stalking occurred.
Lack of Intent
Stalking is a crime of intent. That means you are only guilty of this offense if you acted purposefully, as no one can accidentally commit stalking in the 5th degree. If you can show that you did not intend to commit a crime, you could avoid a conviction at trial.
Discuss Stalking in the Fourth Degree With a New York Lawyer
If you have been charged with a stalking offense, it is crucial that you seek the help of experienced legal counsel as soon as possible. The state will not hesitate to build its case against you, but having the support of a criminal defense lawyer can be invaluable. The right legal team could be the difference between a conviction and an acquittal, but any delay in reaching out to a criminal defense attorney will only work against you.
Charges for stalking in the fourth degree in New York City are serious. The attorneys at the Law Offices of Jeffrey Lichtman are experts in stalking laws as well as other charges that can arise from domestic incidents. Call us today for a free case consultation.