Defining Stalking in The First Degree in NYC
In New York, Stalking in the First Degree, Penal Law Section 120.60, is a class D felony. The crime is categorized as a violent felony offense with a maximum prison sentence of 7 years for a first-time felony offense.
If you or a loved one is charged with Stalking in the First Degree, hiring a Stalking Lawyer in NYC is crucial in obtaining a favorable outcome.
Stalking in the First Degree is charged in 2 circumstances with a few caveats. The charge states: a person is guilty of Stalking in the First Degree when he or she commits the crime of Stalking in the Third Degree or Stalking in the Second Degree and, in the course and furtherance thereof, he or she:
- Intentionally or recklessly causes physical injury to the victim of such crime; or
- Commits a Sex Crime that is a class A misdemeanor or class E or class D felony
While any provision of Stalking in the Second Degree applies to the First Degree crime, the first caveat is that the only one version of Stalking in the Third Degree applies: when, with intent to harass, annoy or alarm a specific person, a person intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person’s immediate family.
The physical injury provision of Stalking in the First Degree requires a physical injury that is either caused intentionally or recklessly. This provision is broader than it seems. While the provision of the charge states a physical injury, that also includes a serious physical injury. When a Stalking in the First Degree is based on at least a physical injury, then it is likely that Assault would also be charged.
Next, the list of Sex Crimes includes class A misdemeanors like Forcible Touching. The class E felony Sex Crimes include Rape in the Third Degree and Criminal Sexual Act in the Third Degree (as well as an attempt to commit either crime because the class falls to a class A misdemeanor).
The class D felony Sex Crimes include Rape in the Second Degree and Criminal Sexual Act in the Second Degree (as well as an attempt to commit Aggravated Sexual Abuse in the Second Degree).
Stalking in The First Degree Sentencing in NYC
Stalking in the First Degree is a class D violent felony and has a minimum sentence of 2 years in prison and a maximum of 7 years if a person does not have a prior felony conviction. In addition, a period of post-release supervision of between 1.5 and 3 years. However, prison is not mandatory.
A Judge can sentence a person to 3, 4 or 5 years probation if jail is not necessary to protect to the public, a person needs training or other assistance that can be overseen by the Department of Probation and the ends of justice are not violated. Another sentencing option is up to 6 months in jail and 3, 4 or 5 years probation.
An Order of Protection issued as part of any case will be in effect for 8 years following a person’s sentencing or release from incarceration.
Speak With a Stalking Lawyer in NYC Today
If you or a loved one is charged with Stalking in New York City, we’re here to help.
Contact The Law Firm of Andrew M. Stengel
Contact us via the live chat below, through our contact form here, or call us at (212) 634-9222. Initial consultations are free and confidential, and you will speak with Andrew M. Stengel directly.
Our offices are located at 11 Broadway, Suite 715, New York, NY 10004, and we handle cases throughout New York City, Nassau, Westchester and the surrounding counties.
