Stalking is a criminal offense that can come with serious consequences. New York law defines stalking as actions towards a specific person that causes fear for safety or emotional distress. The state has several degrees of stalking offenses, ranging from misdemeanors to felonies, depending on the severity and circumstances.
Those who find themselves facing allegations of stalking are wise to take the matter seriously. A conviction can come with serious penalties. The following will provide some basic information to help you get a better understanding of the impact the of charges and begin to put together a plan to protect your rights.
#1: Penalties are serious
As noted above, stalking in New York range from misdemeanor to felony charges. Penalties can include a few months in jail to years imprisonment depending on the details of the allegations. Time behind bars is just part of the potential penalties. Civil liabilities can also apply, such as court fees, medical expenses, or lost wages as well as the impact of a conviction on one’s future. This can include difficulties finding employment and housing.
#2: Defenses are available
You do not have to accept these charges. Legal means are available to fight back. Examples of potential defenses can include:
- Lack of intent to cause fear or distress.
- Misidentification or mistaken identity.
- Insufficient evidence to prove the alleged conduct.
Determining the right defense strategy can include any one or combination of the options noted above. Additional strategies may also apply. The most important step when building a defense is to make sure it takes your specific situation into account.
#3: New law aims to expand stalking charges
The law is constantly evolving. In a recent example, lawmakers are pushing to expand the reach of stalking laws in New York. The CREEP Act, introduced by State Sen. Andrew Gounardes and Assemblymember Jessica González-Rojas, aims to allow victims to obtain civil protective orders without waiting for criminal charges. Current law only allows family members or those in a romantic relationship to get these orders. Without this relationship, anyone else that wishes to get a protection order must wait for criminal charges.
The bill defines stalking to include offenses like menacing, assault, harassment, identity theft, and unlawful publication of intimate images. The proposal also provides protection against misuse of internet-enabled devices. If a court grants this protection order, referred to as an anti-stalking order, it would bar the subject of the order from making contact through texts and emails as well as provide limitations on the distance the subject can be from the individual’s home, work, or school.
If passed, the CREEP Act would expand the reach of stalking charges, allowing it to apply to more than just family members or intimate partners.
Although not yet passed, the law provides another example of the importance of navigating criminal charges with care. It is important to know the particulars of the law to better ensure a defense strategy that protects your rights. An attorney with experience in these matters can review your case and discuss your options.