Stalking Lawyer New York, NY
Facing a stalking charge in New York City can have serious consequences. Whether you are accused of stalking in the fourth, third, second, or first degree, the matter demands careful attention. Law Offices Of SRIS, P.C., founded in 1997, represents clients in New York County (Manhattan), Kings County (Brooklyn), Queens County, and throughout the city. Mr. Sris and his Of Counsel team work toward favorable outcomes in criminal cases. To discuss your situation, call (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Stalking Means in New York, NY
New York Penal Law defines stalking as a course of conduct directed at a specific person. The statute distinguishes four degrees. Stalking in the fourth degree (Penal Law § 120.45) is a Class B misdemeanor, punishable by up to three months in jail. Stalking in the third degree (§ 120.50) is a Class A misdemeanor, carrying up to one year of incarceration. Stalking in the second degree (§ 120.55) is a Class E felony, and stalking in the first degree (§ 120.60) is a Class D felony, which can result in a sentence of two to seven years in state prison. A felony conviction may also lead to a permanent criminal record and collateral consequences.
Cases are heard in the New York City Criminal Court for misdemeanors and in the New York County Supreme Court or the corresponding Supreme Court in the other boroughs for felony charges. The Manhattan courts at 60 Centre Street handle many such matters. Under New York’s 2020 bail reform, most stalking charges, particularly low-level offenses, do not involve cash bail, but bail may be set for felony charges or when an order of protection is involved. An Adjournment in Contemplation of Dismissal (ACD) may be available for eligible first-offense cases, experienced to dismissal after a period of good behavior. Law Offices Of SRIS, P.C. represents clients in these courts and is familiar with the local procedures. Results may vary.
How Mr. Sris and His Of Counsel Handle Stalking Cases
Mr. Sris and his Of Counsel team approach each stalking case by first reviewing the factual allegations and the applicable statutes. They examine whether the prosecution can establish the required elements, such as a repeated course of conduct and the victim’s reasonable fear of harm. They then evaluate the strength of the evidence, including digital communications, witness statements, and any prior protective orders. In New York, a desk appearance ticket may be issued for a low-level offense, while felony cases proceed through grand jury indictment. The legal team works to identify defenses, such as lack of intent, mistaken identity, or that the conduct did not meet the statutory definition of stalking.
If the case proceeds, Mr. Sris and his Of Counsel may negotiate with the prosecutor’s office. Depending on the facts, it may be possible to seek a reduction or dismissal of the charges. For a client with no prior record, an ACD or a deferred prosecution program may be explored. In cases where a trial is necessary, the team defends the client at all stages. The firm has handled over 4,739 documented case results across all practice areas since 1997. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor. He has practiced criminal defense since founding the firm in 1997. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His legal experience includes defending clients against charges ranging from misdemeanors to serious felonies. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team brings additional courtroom perspective to every case.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. The team works collaboratively on criminal matters, drawing on knowledge of New York’s procedural rules and court customs. For a client facing a stalking accusation, having a defense team that understands both the law and the local court system can make a meaningful difference. The firm serves clients in all five boroughs and throughout the state.
Stalking in the fourth degree is a Class B misdemeanor under New York Penal Law § 120.45, punishable by up to three months in jail.
Source: New York Penal Law § 120.45. NY Penal Law § 120.45
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Stalking in the first degree is a Class D felony under New York Penal Law § 120.60, punishable by a sentence of two to seven years in state prison.
Source: New York Penal Law § 120.60. NY Penal Law § 120.60
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Frequently Asked Questions
What should I do if I am accused of stalking in New York?
If you are accused of stalking, contact an experienced defense attorney immediately. Do not discuss the case with anyone other than your lawyer. Preserve any relevant text messages, emails, or call logs, but avoid contacting the alleged victim. The court may issue an order of protection even before the first hearing. An attorney can review the evidence and advise you on the next steps. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a stalking charge be dismissed in New York?
Yes, a stalking charge can be dismissed under certain circumstances. If the prosecution cannot prove the case beyond a reasonable doubt, or if the accused qualifies for an Adjournment in Contemplation of Dismissal (ACD), the charge may be dismissed. An experienced lawyer can evaluate whether the allegations are sufficient and whether procedural issues exist. Every case is different; to discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Does New York have different degrees of stalking?
Yes, New York recognizes four degrees of stalking. The degrees are distinguished by the nature of the conduct and the harm caused. Fourth-degree stalking is a misdemeanor, while first-degree stalking is a felony. Higher degrees require proof of additional factors such as previous convictions, violation of an order of protection, or that the victim is under 14 years old. For a consultation about a stalking charge, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How does bail work for a stalking arrest in New York City?
Under New York’s 2020 bail reform, cash bail is generally not set for most misdemeanors and non-violent felonies. Many stalking charges are classified as non-qualifying offenses, meaning the accused is released on their own recognizance. However, bail may be imposed for certain felony stalking charges or when there is a history of domestic violence. The judge considers the specific facts. For questions about your case, call (888) 437-7747 to speak with our team.
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Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.