Stalking Lawyer New York, NY
Facing a stalking allegation in New York City is a serious matter that can disrupt your life, your reputation, and your freedom. Stalking charges under the New York Penal Law range from misdemeanors to felonies, and a conviction can lead to incarceration, an order of protection, and a permanent criminal record. The courts in New York County (Manhattan) — including the New York County Supreme Court at 60 Centre Street and the NYC Criminal Court — handle these cases with strict procedural requirements. Law Offices Of SRIS, P.C. represents individuals accused of stalking throughout Manhattan and the surrounding boroughs. Mr. Sris and the firm’s Of Counsel attorneys bring extensive criminal defense experience to each case, working to protect your rights and pursue a favorable resolution. To discuss your situation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Stalking Means in New York, NY
Under the New York Penal Law, stalking is defined as engaging in a course of conduct directed at a specific person that causes that person to fear for their safety or suffer emotional distress. The law recognizes four degrees of stalking, each with escalating elements. Stalking in the fourth degree (Penal Law § 120.45) is a Class B misdemeanor, involving intentional conduct that causes a reasonable fear of harm or material emotional distress. Stalking in the third degree (§ 120.50) is a Class A misdemeanor, charged when the person has a prior stalking conviction or the conduct violates an existing order of protection. Stalking in the second degree (§ 120.55) is a Class E felony, involving a weapon or the intent to cause physical injury. Stalking in the first degree (§ 120.60) is a Class D felony, charged when the conduct causes physical injury or the person has a prior felony stalking conviction.
Cases are prosecuted in the New York County Supreme Court for felonies and in the NYC Criminal Court for misdemeanors. The Manhattan District Attorney’s Office handles these matters, and the court may issue orders of protection as part of the proceedings. An experienced criminal defense attorney can evaluate the specific allegations, challenge the evidence, and work to minimize the consequences. Mr. Sris and the firm’s Of Counsel attorneys regularly appear in New York County courts and understand how prosecutors and judges approach stalking cases.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Stalking Cases
Every stalking case begins with a careful review of the complaint and the evidence the prosecution intends to use. The firm’s attorneys examine whether the alleged conduct meets the legal definition of a course of conduct, whether any statements were lawfully obtained, and whether the accuser’s fear was objectively reasonable. In many cases, the defense may involve demonstrating that the contact was isolated, consensual, or not directed at causing fear. Where appropriate, counsel may negotiate with prosecutors to reduce charges from a felony to a misdemeanor or to secure a disposition that avoids a criminal conviction.
If an order of protection has been issued, the firm’s attorneys work to ensure it does not unnecessarily restrict the client’s ability to work or maintain family relationships. They also prepare for hearings and trial, cross-examining witnesses and presenting evidence that challenges the prosecution’s narrative. Because stalking allegations often involve electronic communications and social media, the team works with digital evidence to identify exculpatory material. The goal is to resolve the matter with as little disruption to the client’s life as possible while protecting their legal rights and future.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with experience in criminal trial work. He founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys include former prosecutors and attorneys with decades of courtroom experience. Together, they represent individuals facing stalking charges throughout New York County and the surrounding boroughs. Each client receives thorough preparation and attentive representation from a team that understands both sides of the courtroom.
Frequently Asked Questions
What constitutes stalking under New York law?
Stalking in New York is a course of conduct directed at a specific person that intentionally causes fear of harm or emotional distress. The conduct must consist of two or more acts, such as following, telephoning, sending messages, or showing up at the person’s home or workplace. The law does not require physical injury for misdemeanor-level charges, but felony charges may involve weapons or actual injury. An experienced defense attorney can evaluate whether the alleged conduct meets the statutory elements.
What are the penalties for stalking in New York?
Penalties depend on the degree charged. Stalking in the fourth degree is a Class B misdemeanor carrying up to three months in jail. Third-degree stalking is a Class A misdemeanor with a maximum of one year. Second-degree stalking is a Class E felony punishable by up to four years in state prison, and first-degree stalking is a Class D felony with a maximum of seven years. A conviction also may result in an order of protection and a permanent criminal record that can affect employment and housing. Because the consequences are severe, early legal intervention is important.
Can a victim of stalking obtain an order of protection?
Yes, a person who is the target of stalking can petition the court for an order of protection. The court may issue a temporary order ex parte, and a full order after a hearing. If you are accused of stalking, an order of protection may restrict contact with the protected party, even if you live together. Violating an order of protection is a separate criminal offense. An attorney can challenge the basis for an order in court and work to modify its terms to avoid unnecessary restrictions.
Do I need a lawyer if I am accused of stalking?
Yes, you should contact a criminal defense lawyer as soon as possible. Stalking charges can escalate quickly, and anything you say to law enforcement may be used against you. A lawyer can communicate with prosecutors on your behalf, investigate the allegations, and protect your rights throughout the process. Trying to resolve the situation without legal counsel can result in a conviction that carries lasting consequences. To speak with an attorney about your case, call Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a stalking case proceed in Manhattan courts?
A stalking case in New York County typically begins with an arrest and arraignment, followed by a series of court appearances. After arrest, the defendant is brought before a judge in the NYC Criminal Court for arraignment, where bail is set. New York’s bail reform eliminated cash bail for most misdemeanors and non-violent felonies, so defendants are often released on their own recognizance. The case then proceeds through pre-trial conferences and motion hearings. If the case is not resolved by plea or dismissal, it goes to trial. An experienced Manhattan criminal defense attorney will guide you through each stage and work toward favorable outcomes.
What should I do if I am falsely accused of stalking?
If you are falsely accused, do not contact the accuser or try to explain the situation yourself. Preserve all communications, text messages, emails, and any other evidence that shows the nature of your relationship or disproves the allegations. Hire a criminal defense attorney immediately. False accusations can arise from misunderstandings, relationship disputes, or attempts to gain advantage in a family law matter. An attorney can present the exculpatory evidence to the prosecutor and, if necessary, to the court to seek dismissal of the charges.
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New York Penal Law • New York County Supreme Court • New York State Unified Court System
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