What is Stalking in the Second Degree in New York City?
In New York, Staking in the Second Degree, Penal Law Section 120.55, is a class E felony. The maximum penalty if 1 1/3 to 4 years in prison. The crime is charged is 5 different circumstances, either as an aggravated version of a lesser degree of Stalking or as a recidivist offense, with a previous Stalking conviction.
If you or a loved one is charged with Stalking in the Second Degree, hiring a Stalking Lawyer in NYC is crucial in obtaining a favorable outcome.
There are 3 aggravated provisions of Stalking in the Second Degree are charged when a person:
- Commits the crime of Stalking in the Third Degree (with intent to harass, annoy or alarm a specific 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) and in the course of and in furtherance of the commission of such offense:
- (1) displays, or possesses and threatens the use of, a firearm, or any dangerous instrument, deadly instrument or deadly weapon;
- (2) or displays what appears to be a firearm;
- Commits the crime of Stalking in the Third Degree (the same version as stated above) against 10 or more persons, in 10 or more separate transactions, for which the actor has not been previously convicted; or
- Being at 21 years old or older, repeatedly follows a person under the age of 14 or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of 14 in reasonable fear of physical injury, serious physical injury or death
The aggravated provisions of Stalking in the Second Degree only apply to one kind of Stalking in the Third Degree (stated above) with additional requirements. The first aggravated version does not require the actual display of a firearm.
The language in the law mirrors Robbery charges and Burglary charges and means that the evidence must show that a person displayed something that could reasonably be perceived as a firearm and that the complaining witness actually perceived the display to be a firearm.
There are 2 recidivist provisions of Stalking in the Second Degree are charged when a person:
- Commits the crime of Stalking in the Third Degree against any person (with intent to harass, annoy or alarm a specific 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) and has previously been convicted, within the preceding 5 years, of a specified predicate crime, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or
- Commits the crime of Stalking in the Fourth Degree and has 2 previous convictions of Stalking in the Fourth Degree
The first recidivist provision of Stalking in the Second Degree applies to a broad array of specified crimes including most Sex Crimes charges, Assault in the Third Degree and any crimes that are categorized as a violent felony offense. The second recidivist provision requires 2 previous convictions of Stalking in the Fourth Degree.
Sentences for Stalking in the Second Degree in NYC
Stalking in the Second Degree is a class E felony with a maximum sentence of 1 1/3 to 4 years in and a minimum sentence of 1 to 3 years if a person does not have a prior felony conviction. However, jail is not mandatory for a conviction of Stalking in the Second Degree. Other sentencing options include a 3-year condition discharge, 3, 4 or 5 years probation and a split sentence of up to 6 months in jail and 3, 4 or 5 years probation.
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.
