Domestic violence is a crime where the perpetrator and the victim are involved in a domestic relationship. Examples of domestic relationships include spouses, those who are dating, those who live together, those who are part of the same family and those who share children. The incidence of domestic violence has reached an alarming rate, causing New York law enforcement to aggressively arrest and prosecute those accused of domestic violence. Stalking is one of several crimes that are commonly associated with domestic violence. Stalking is a crime that involves repeatedly following someone or communicating with someone in a manner that causes that person to feel threatened. Stalking acts can include following someone by foot or car, using technology such as GPS to track someone, repeatedly calling, email, or texting another person, showing up at the victim's place of work, or sending messages to the victim via a third party. While stalking sometimes involves the display or use of a weapon or physical injury to the victim, stalking can also involve behavior that instills fear, or emotional or mental harm. Because fairly innocuous communication or contact often disintegrates into violent and even deadly stalking behavior, law enforcement often aggressively seeks to punish those who are accused of stalking. Conviction of a stalking offense can land you in prison for several years. If you have been involved in a domestic dispute that has lead to you being charged with stalking it is critical that you immediately contact an experienced Nassau County Domestic Violence and Stalking Lawyer who understands both domestic violence and the criminal statute related to stalking, and who will aggressively defend you against the charges.
If you are accused of stalking someone with whom you have a domestic relationship, there are four criminal offenses that you could face: stalking in the fourth degree, stalking in the third degree, stalking in the second degree, and stalking in the first degree. Stalking in the fourth and third degrees are misdemeanors while stalking in the second and first degrees are felonies.
Stalking in the Fourth Degree. You will face this charge if you intentionally engage in a course of conduct that is directed toward your spouse, girlfriend or someone else with whom you have a domestic relationship that:
Stalking in the fourth degree is a Class B misdemeanor. N.Y. Pen. Law §§ 120.45-120.60
Stalking in the Third Degree. The offense of stalking in the third degree is the same as stalking in the fourth degree except that:
Stalking in the third degree is a Class A misdemeanor. N.Y. Pen. Law § 120.50
Stalking in the Second Degree. Stalking in the second degree is very similar to the stalking in the third degree in 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. The difference is that in the case of stalking in the second degree you also display a weapon. Or you engage in the stalking behavior 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 second degree is a Class E felony. N.Y. Pen. Law § 120.55
Stalking in the First Degree. You will face a stalking in the first degree charge if while stalking someone with whom you have a domestic relationship you also cause the person physical injury. Or while stalking that person you also commit the crime of 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, and criminal sexual act in the second degree. Stalking in the first degree is a Class D felony. N.Y. Pen. Law § 120.60
Consequences of a Stalking ConvictionIf you are convicted of stalking the sentence that you receive will be determined by the particular stalking offense of which you are convicted. Your sentence could include prison, probation, a fine, and restitution, or a combination of these penalties. In almost every stalking case, the court will issue an Order of Protection against the person accused of stalking in favor of the victim.
Prison and FinesThe amount of prison you will receive for a stalking conviction generally ranges from 0-7 years. The fine you will be required to pay may be as much as $15,000. In addition to the particular crime you were convicted of, your criminal history will have a great impact on the sentence you receive.
Stalking in the fourth degree. As a Class B misdemeanor the maximum sentence is 3 months in the county jail and a fine of up to $500.
Stalking in the third degree. As a Class A misdemeanor the maximum sentence is 1 year in the county jail and a fine of up to $1,000.
Stalking in the second degree. As a Class E felony the maximum sentence is 4 years in the state prison and a fine of up to $5,000. If you have no prior felony convictions within the prior 10 years, then the judge has the option of no sending you to prison, but to sentence you to just probation. If you have a prior felony conviction within the prior 10 years, the minimum prison sentence that you will receive is 1.5 years. If you have 2 prior felony convictions within the prior 10 years, you will be classified as a persistent felony offender and you will receive a minimum sentence of 12-25 years and a maximum sentence of life in prison.
Stalking in the first degree. As a Class D felony the maximum sentence is 7 years in the state prison and a fine of up to $5,000. Because stalking in the first degree is a violent felony offense, even if you have no prior felony convictions within the prior 10 years the judge will be required to sentence you to at least 2 years in prison. If you have a prior non-violent felony conviction the minimum prison sentence that you will receive is 3 years, while if you have a prior violent felony conviction the minimum prison sentence you will receive is 5 years. If you have 2 prior felony convictions within the prior 10 years, you will be classified as a persistent felony offender and you will receive a minimum sentence of 12-25 years and a maximum sentence of life in prison.
RestitutionAs part of your sentence the judge may order you to pay restitution. Restitution is paid to the victim to cover out-of-pocket expenses that result from your crime. For example, if your injure victim the court may order you to pay the victim's medical expenses. If you damage the victim's property, the court may order you to pay the cost of repairing or replacing the property. Generally, the maximum amount of restitution is $15,000 for a felony and $10,000 for a misdemeanor. However, the law allows a judge to order you to pay a greater amount of restitution if, for example, the victim's medical expenses exceed the general statutory limit.
FeesIn New York if you are convicted of a criminal offense you will be required to pay certain statutory fees. One fee is a "mandatory surcharge." It is $300 for a felony and $175 for a misdemeanor. You may also be required to pay a victim assistance fee of $25. N.Y. Pen. Law § 60.35. If you are placed on probation, you will have pay probation supervision fees of $30 per month.
ProbationAll or part of your sentence for a stalking conviction may be probation. In fact, if you are convicted of misdemeanor stalking, there is a chance that you will not be sent to jail at all and that your entire sentence will be probation. For a Class B misdemeanor the term of probation would be 1 year, for a Class A misdemeanor, 3 years and for a felony, 5 years. While probation is preferable to being incarcerated you should know that serving probation can be difficult. For the entire time that you are on probation you will be required to follow strict rules that are designed to help prevent you from breaking the law. If you violate any of these rules there are severe consequences. The court will design a set of rules specifically for you. Typical rules include:
When you are involved in a domestic violence crime, your case may be handled by a special court called the Integrated Domestic Violence Court (IDV). To be eligible for IDV court, the parties involved must have a criminal domestic violence case as well as a family court case or a matrimonial case. While all cases will be adjudicated separately, a single judge will oversee all cases to ensure that the outcomes are coordinated and not inconsistent.
Furthermore, cases handled in IDV have systems in place to facilitate access to community services such as victim assistance services and to ensure intensive defendant monitoring. For example, if you are on probation, the court will designate someone to work closely with you and the IDV to oversee compliance with the terms of your probation.
Orders of ProtectionDomestic violence stalking cases almost always involve the criminal court judge issuing an Order of Protection in favor of the victim. The court will likely issue a temporary Order of Protection that may be a "stay away" Order of Protection, "refrain from" Order of Protection or a combination of both. If an Order of Protection is a stay away order, then you must not have any type of contact with that person. This means that you must:
If there is a refrain from Order of Protection, then you are prohibited from harassing, intimidating, threatening or otherwise interfering with that person. While a criminal court Order of Protection that is issued at the beginning of a criminal case is generally temporary, depending on the outcome of the case, a temporary Order of Protection may become final or permanent-- meaning that it will remain in effect for several years. It the court concludes that there is no basis for the Order of Protection, it will be dismissed. If you believe that there is no basis for the order, you can fight it.
However, if an Order of Protection is in place and you violate it, you risk being charged with criminal contempt, a misdemeanor. As punishment you could be sentenced to jail or probation.
Long-Term ConsequencesThe consequences of being convicted of any stalking charge go well beyond what the judge orders. You will have a criminal record that could impact many aspects of your future. Having a criminal record will mean the following:
Furthermore, having a criminal record is also likely to affect child custody arrangements or visitation, particularly if the victim of your stalking was your spouse or your child's other parent.
Any type of crime related to domestic violence has serious consequences not only for you personally, but also for your family. Stalking is no different. If you are convicted you could very well end up in jail. If you are in a domestic relationship with your victim, your relationship with that person as well as family members such as children you share with the victim may be strained or seriously damaged. However, there may be defenses to stalking charges that may result in the charges being dropped, reduced, or in you being acquitted. Only an attorney with experience will understand the laws related to stalking well enough to effectively defend you. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with stalking as well as other crimes such as domestic violence, assault, harassment, menacing, sexual assault and child endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of stalking in the following locations: