Stalking Lawyer New York, NY
You check your phone and see a missed call from a number you do not recognize. The voicemail is from a detective with the New York Police Department asking you to come to the precinct to discuss a complaint. The accusation—stalking—strikes you as baseless, but the mere fact that law enforcement is involved makes your stomach drop. A stalking charge in New York is serious. A conviction can mean incarceration, a permanent criminal record, a restraining order, and damage to your reputation. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. defend clients against stalking allegations in New York County, Kings County, Queens County, and across the metropolitan area. Reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Stalking Means in New York
New York’s stalking offenses are defined in Article 120 of the Penal Law. The statutes create a tiered structure based on the nature of the conduct and the level of fear or harm involved. Stalking in the fourth degree (Penal Law § 120.45) is a Class B misdemeanor, punishable by up to three months in jail. The charge requires proof that a person engaged in a course of conduct directed at another person and that the conduct was likely to cause reasonable fear of material harm to their physical health, safety, or property. Stalking in the third degree (Penal Law § 120.50) elevates the offense to a Class A misdemeanor, carrying up to one year in jail, when the accused caused material harm to the victim’s mental or emotional health, or when the conduct placed the victim in reasonable fear of physical injury, serious physical injury, or the commission of a sex offense. Stalking in the second degree (Penal Law § 120.55) becomes a Class E felony, with a sentencing range of one to four years, when the accused has previously been convicted of a specified crime against the same victim or when the conduct includes a credible threat of violence. Stalking in the first degree (Penal Law § 120.60) is a Class D felony, punishable by two to seven years, when the person intentionally or recklessly causes physical injury to the victim.
In New York City, stalking cases are heard in the local Criminal Court for misdemeanor-level charges and in the Supreme Court Criminal Term for felony-level charges. The court at 60 Centre Street in Manhattan serves New York County; Kings County matters are heard in Brooklyn; Queens County cases in Kew Gardens. Mr. Sris and his Of Counsel are familiar with the procedural landscape in each borough. Our firm’s New York location is at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202. By appointment only; call (888) 437-7747 to schedule.
How Mr. Sris and His Of Counsel Handle Stalking Cases
A stalking charge often rests on the complainant’s perception of fear and the context of the alleged communications. Mr. Sris and his Of Counsel examine whether the conduct meets the statutory definition of “course of conduct,” which generally requires multiple acts over a period of time, not an isolated incident. The team scrutinizes all digital evidence—text messages, social-media posts, call logs—to determine whether the alleged behavior was truly directed at the complainant and whether any threat was objectively credible. They also investigate the relationship history: a prior intimate partnership, a custody dispute, or a contested business relationship can provide context that undermines the prosecution’s narrative.
Because many stalking cases involve overlapping family or domestic dynamics, the defense may involve parallel family court or matrimonial counsel. Mr. Sris coordinates with any co‑counsel to present a consistent position. In New York, bail reform eliminated cash bail for most non-violent felonies, including many stalking charges, meaning a defendant may be released on recognizance after arraignment. The team works toward a resolution that can include an Adjournment in Contemplation of Dismissal (ACD) where appropriate—an outcome that results in the charges being dismissed after a period of good behavior. Sealing under CPL § 160.59 may be available for certain sentences. Every defense strategy is grounded in the specific facts and procedural realities of the New York courts.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he understands how law enforcement and district attorneys build criminal cases. His experience gives him insight into the strengths and weaknesses of the prosecution’s evidence, allowing him to develop targeted defense strategies. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris works alongside Of Counsel attorneys who bring decades of combined legal knowledge. Together, they draw on over 120 years of combined legal experience between Mr. Sris and his Of Counsel. Results may vary. The firm’s documented record includes 4,739+ case results across all practice areas since 1997. The team serves clients in all five boroughs of New York City and beyond.
Frequently Asked Questions
Is stalking a felony in New York?
Stalking becomes a felony in New York when it involves a prior specified conviction against the same victim, a credible threat of violence, or causes physical injury. Stalking in the fourth degree is a Class B misdemeanor; third degree is a Class A misdemeanor; second degree is a Class E felony; and first degree is a Class D felony. The severity turns on the specific allegations and the accused’s history with the complainant. A felony conviction can expose a person to state prison time and permanent criminal record consequences. Mr. Sris and his Of Counsel evaluate the statutory elements to determine if the prosecution can meet its burden.
Can stalking charges be dropped in New York?
Yes, stalking charges can be dropped if the prosecution cannot prove each element beyond a reasonable doubt or if a procedural resolution such as an ACD is obtained. An Adjournment in Contemplation of Dismissal defers the case for six to twelve months; if the defendant avoids new arrests, the charges are dismissed. In some matters, a thorough investigation revealing insufficient evidence of a “course of conduct” leads the prosecutor to dismiss before trial. Each case depends on its unique facts. To discuss your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What should I do if I am accused of stalking in New York?
Contact an experienced criminal defense lawyer immediately and do not speak to law enforcement or the complainant without counsel present. Preserve all communications—texts, emails, social-media messages—that may demonstrate the context and nature of your interactions. Avoid any contact with the accuser, even if you believe it is harmless. Early legal intervention can prevent charges from being filed or lead to a favorable resolution before arraignment. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How long does a stalking case take in New York?
The timeline for a stalking case in New York varies by case complexity, the court’s calendar, and whether the matter is resolved by plea, dismissal, or trial. Misdemeanor cases in New York City Criminal Court may conclude within a few months, while felony cases in Supreme Court can take a year or more. The CPL § 30.30 speedy‑trial clock imposes deadlines on the prosecution’s readiness, but actual disposition times are case‑specific. Mr. Sris and his Of Counsel work to move cases forward efficiently while building the strong $1 possible.
Do I need a lawyer for a stalking charge in New York?
Yes, any stalking charge—misdemeanor or felony—exposes you to the possibility of jail, a protective order, and a criminal record, and you deserve a thorough defense. Even a seemingly minor accusation can escalate quickly, especially if the complainant is represented by an attorney or cooperating with a prosecutor. An experienced defense lawyer can evaluate the evidence, negotiate with the prosecution, and advocate for your rights at every stage. To discuss your matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related areas we serve: Manhattan Criminal Defense Lawyer · Brooklyn Criminal Defense Lawyer · Queens Criminal Defense Lawyer · Staten Island Criminal Defense Lawyer · Nassau County Criminal Defense Lawyer
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