What is Stalking in the Third Degree in NY?
In New York, Staking in the Third Degree, Penal Law Section 120.50, is a class A misdemeanor. Staking in the Third Degree either involves fear of the commission of certain crimes against a person.
Third Degree Stalking charges may also be charged as a recidivist offense if a person has either been previously convicted of Stalking in the Fourth Degree or allegedly stalks 3 or more people.
If you or a loved one is charged with Stalking in the Third Degree, hiring a Stalking Lawyer in NYC is crucial in obtaining a favorable outcome.
Stalking in the Third Degree is charged when “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
Stalking in the Third Degree may also be charged as a multiple offense or recidivism if a person:
- Commits the crime of Stalking in the Fourth Degree against 3 or more persons, in 3 or more separate transactions, for which the actor has not been previously convicted;
- Commits the crime of Stalking in the Fourth Degree and has previously been convicted within the preceding 10 years of Stalking in the Fourth Degree; or
- Commits the crime of Stalking in the Fourth Degree against any person, and has previously been convicted, within the preceding 10 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
Under the multiple offense provision of Stalking in the Third Degree, a person may be charged, even if they have not been previously convicted of Stalking charges, if he or she allegedly Stalks 3 or more people at three or more different times and places. Next, a person may be charged if he or she allegedly commits the crime of Stalking in the Fourth Degree and has a previous conviction with the past 10 years.
Finally, Stalking in the Third Degree may be charged if a person has previously been convicted of a predicate crime against the same person or their immediate family member in any state within the last 10 years.
The list of predicate crimes is extensive and includes Rape, Criminal Sexual Act, Assault in the Third Degree, Criminal Contempt for violating an Order of Protection, Criminal Mischief, any violent felony, among others.
Sentences for Stalking in the Third Degree
Stalking in the Third Degree is a class A misdemeanor with a penalty of up to 1 year in jail. However, avoiding a criminal conviction altogether is if a person has no prior criminal history.
If a person is charged under the multiple or recidivist provisions of Stalking in the Third Degree it may be more difficult to obtain a non-criminal outcome, but it is not impossible. In such cases, treatment or therapy could be leverage to a more favorable outcome.
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.
