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Criminal Defense

Stalking Charges

Stalking charges are rarely about one encounter. They are usually built from a long run of texts, appearances, and posts that the complaining witness has collected and handed over in a single file.

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01 GUIDE

Stalking Charges: what usually happens

Why the pattern is the case

New York grades stalking into several degrees, and the charge generally rests on a course of conduct directed at a particular person rather than an isolated act. Prosecutors usually try to show that the conduct would reasonably cause fear of harm, and whether the person had clearly asked for the contact to stop can matter. The higher degrees typically involve aggravating circumstances such as an earlier conviction or a weapon. Repeated appearances at a workplace and monitoring someone's movements are common fact patterns. A sequence that looks alarming in a summary sometimes has an ordinary explanation once the full timeline is laid out, such as a shared workplace or shared custody.

Location data and devices

Many current cases involve technology: a tracking tag found in a car, location sharing that was never turned off after a breakup, or a shared account that still shows someone's activity. If a device or account is part of the allegation, do not reset, wipe, or discard it; the data on it may support your account of events as much as the prosecution's. Tell your lawyer which devices and accounts you shared with the other person, and when that access was supposed to end. Keep your own records of where you were on the dates in question, such as transit cards, work schedules, and receipts. Those details often answer whether two people were in the same place by chance.

What changes right away

An order of protection is commonly issued at arraignment in a stalking case, and it usually reaches online contact and contact through third parties as well. Following it exactly matters more than anything else early on, because a new contact allegation can be charged separately and can affect your release. Stop posting about the other person or the dispute, even indirectly. When we first meet, we go through the timeline the complaint describes, compare it with what your own records show, and identify where the two diverge. We also discuss whether a Family Court case or a civil matter is running in parallel, since statements in one can surface in another.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

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Attorney Advertising. This page is general information about stalking charges and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.