New York City Stalking In The Second Degree

Most people are somewhat familiar with the crime of stalking. At its most basic level, it involves intentionally repeatedly acting in a way that harasses or annoys another individual for no legitimate purpose. The degree of stalking charged is dependent on the type of actions taken by the perpetrator and the type of response those actions could reasonably produce.

Being Convicted of Stalking in the Second Degree

One can be convicted of Stalking in the Second Degree if that person intentionally engages in a course of conduct with the objective of harassing or annoying another individual, and that course of conduct either does or could reasonably place that individual in fear of physical harm; and in the course of these actions, the person displays a deadly weapon, dangerous instrument, or what appears to be a firearm. The term dangerous instrument applies to guns, tasers, knives, and other objects specifically designed for causing harm. This course of conduct may involve phone calls, texts, emails, letters, going to the individual’s home, school, or work. What sets Stalking in the Second Degree apart from the less serious forms of stalking is that at some point, the person must either specifically threaten the use of a weapon against the individual, or must physically confront the other person and display the weapon.

What Other Circumstances Can Lead to a Second Degree Stalking Charge?

Under New York law, prosecutors can upgrade a charge to stalking in the second degree based on your prior criminal record. Specifically, an arrest for third or fourth-degree stalking could be treated as a second-degree offense if you have one or more past convictions in the previous five years. This can lead to substantially steeper penalties for a situation that would not typically be treated as a felony. Our firm can advise you on when a past conviction can hurt you, and when it shouldn’t be relevant.

Second-Degree Stalking Penalties

While the lesser degrees of stalking are misdemeanors, Stalking in the Second Degree is a class E felony in New York, punishable by up to four years in prison. Aside from the major complications that go along with having a felony record in New York, being a felon with a serious stalking conviction will negatively impact virtually every aspect of a person’s life.

In some circumstances, the foundation of this charge is nothing more than what the complainant tells the police and the prosecutor happened. An arrest may be made on nothing more than the complainant accusing a person of multiple incidents of following them around and threatening them with a weapon on one occasion. Prosecutors are likely to take their complainant’s words at face value and may look the other way at a “victim’s” personal motivation or gain in alleging criminal activity against a defendant.

Defense Strategies for New York City Stalking in the Second Degree Charges

Facing a stalking in the second degree charge in New York City can feel overwhelming, but you have the right to fight back with the help of an attorney. In many cases, the evidence before the court is limited to the testimony of the people involved. However, a thorough investigation could turn up other proof in your favor, from security camera footage of the event to an admission by the complaining witness that they made the whole thing up.

Lack of Evidence

In many stalking cases, the evidence consists primarily of text messages, social media posts, call logs, or the complainant’s testimony. If the communications are incomplete or taken out of context, it can lead to the police rushing to make an arrest when one was not warranted. The government has to prove your guilt by a reasonable doubt, but prosecutors will not always have enough evidence to do so.

Our attorneys scrutinize digital records, timelines, and witness statements to determine whether the evidence truly supports the charge. If we believe that the prosecution doesn’t have enough to convict you of a crime, we might focus our case entirely on how weak the evidence is.

No Possession of a Weapon

Second-degree stalking can be elevated when the allegations involve displaying or possessing a weapon during the course of the alleged conduct. However, the prosecution must establish that a weapon was actually possessed and connected to the incident. Mere assumptions, vague descriptions, or misunderstandings are not sufficient.

If there is no physical evidence of a weapon, or if the alleged object does not meet the legal definition of a weapon under New York law, it may be possible to have the charges downgraded or even dismissed.

Constitutional Violations

There are strict limitations on how the police and prosecutors can conduct an investigation or prosecute a crime. If they violate your rights by illegally searching your property or interrogating you without a lawyer, that may provide you with grounds for a legal defense.

When key evidence is excluded because your rights were violated, the prosecution’s case can collapse. It is not uncommon for the government to dismiss charges after having evidence through out by the judge.

Actual Innocence

Stalking allegations often arise in emotionally charged situations, such as breakups, custody disputes, or workplace conflicts. In those circumstances, communications that were mutual or harmless can be reframed as threatening. Sometimes, accusations are exaggerated or entirely fabricated.

A strong defense will examine prior communications in an effort to find proof of what really happened. By presenting the full picture, your attorney can demonstrate that the allegations simply do not reflect what truly occurred.

Speak With an Attorney About New York City Stalking In The Second Degree

It is vital to have an attorney who will examine every aspect of the case and determine the best defense. The New York domestic violence attorneys at the Law Offices of Jeffrey Lichtman will thoroughly investigate your case and will examine every angle to look for any biases or motivations for the complainant to lie. If any are detected, we will expose them through a rigorous and meticulous cross-examination. Call the Law Offices of Jeffrey Lichtman to discuss your Stalking or domestic violence case today.