Many people have misconceptions about stalking. They may think that stalking is merely annoying another person. Under New York state laws, stalking is a complicated legal process that typically involves several types of unwanted activities. In general, stalking is the process of repeatedly communicating or following a person without their permission. In doing so, they make the person feel mentally, physically or emotionally threatened in some way. Stalking can take many forms. A person may telephone, follow, track, text, email or choose to contact another person despite being asked to avoid doing so. This crime is often related to domestic violence. Stalking in the third degree is one of two kinds of stalking that is considered a misdemeanor under New York state laws. People can be charged with this kind of crime of they do certain things. People who follow, communicate, or track someone in a way that might cause the person to think there is an intent to harm them physically or emotionally in some way can be charged with this crime. The same is true of those who show up at another person’s place of business or communicate with the person when they are at work in a way that may put that person’s career or job at risk.
In addition to the above mentioned circumstances, the person may be charged with this time crime if they have also stalked three or more other people on at least three different other occasions. They can also be facing this kind of stalking charge if they have been convicted of what are known as predicate crimes where the victim was the same or if the person being stalked is a member of that person’s family. This can also be considered this kind of stalking if that person has been intending to annoy or harass that person or if leads the person who is being stalked to fear that the person stalking them may kidnap or commit a sex crime against that person or against a member of their family. Those who have been convicted of stalking in the fourth degree may also be facing a charge of stalking in the third degree. For example, if a man calls an ex-wife many times during the course of a day and tells her she must return his calls or he will come to her house in person can be convicted of this kind of stalking. The man can only be prosecuted for stalking in the third degree if he has been previously convicted of stalking the person or their family members in the fourth degree.
There are other, related offenses that are commonly charged along with this kind of stalking. These include kidnapping in the second degree, harassment in the first degree, and aggravated harassment in the second degree. Anyone who is being accused of this crime should keep in mind that the prosecution must meet certain burdens of proof. The prosecution must able to demonstrate the defendant has not only stalked the person but also has done so to several people. The prosecution can also show that the person has a history of sexual assault. If the prosecutor can only show that the person has stalked a single person or two people, then the case cannot be made against the defendant for stalking in the third degree.
This form of conviction is known as a class A misdemeanor. Someone who is convicted of it under New York state laws can face up to a year in jail. They can also face fines as high as a thousand dollars. A judge may also choose to sentence someone to a term of up to three years of probation rather than a jail sentence. Anyone who is being accused of this kind of crime should keep in mind it can cause this serious trouble. Legal help from a New York criminal defense attorney is of huge importance for the right outcome.
