Defending Against an Accusation of Stalking

Stalking Muslim Attorney in New York

Stalking is a pattern of unwanted behavior directed towards another person that is meant to cause fear. Law classifies stalking as a domestic violence crime or harassment. For stalking to be defined as such, there must be a pattern such as monitoring, watching, and following a person, to a point the person feels threatened, frightened, intimidated or feeling emotionally distressed.

Examples of stalking

  • Following someone to their house
  • Driving by a person’s school, workplace, or home
  • Checking what a person is doing on their phone, computer or social networks
  • Putting a GPS device on someone's car to determine where they are at all time
  • Taking photos and videos of a person secretly
  • Sending gifts, letter and email to a person
  • Destroying someone property or vehicle or home
  • Gathering information about another person on the internet, from friends or coworkers
  • Intimidating a person with hurting their family members or pet

Indeed, stalking is an awful act and it leaves the victim terrified.

Stalking charges

Law categorizes stalking into three groups: first-degree stalking, second-degree stalking and third-degree stalking. First-degree stalking if a class D felony. Stalking in the second degree is class A misdemeanor while stalking in the third degree is a class B misdemeanor. Second and third-degree stalking involves a person who recklessly makes another to reasonably fear or feels physically venerable and repeatedly following the victim.

Elements of first-degree stalking

Stalking has to be a repeated pattern that makes the victim feel threatened. In addition to this, the crime becomes first-degree stalking if;

  • The stalker was convicted before
  • The victim is below 16 years
  • The stalking is violating a court order
  • The stalking leads to serious emotional anguish to a victim

Importantly, stalking must involve three elements for it to be defined as stalking.

  • Make a reliable threat against a victim
  • Willfully and maliciously follow, watch, or harass a person
  • Have the intention of harming or putting the victim in reasonable fear


How to defend stalking charges

Being accused of any crime could lead to serious charges. But, the charges shouldn’t ruin your life if you can defend yourself. Bearing the prosecutor has to prove beyond reasonable doubts that the stalker repeatedly committed the crime and had the intent to instill fear in the victim. Nonetheless, the defendant can still defend themselves from stalking charges. Here are some of the defenses you can use.

  1. The victim lied about the actual situation
  2. The victim intentionally identified you wrongly and you're not the person who has been stalking the victim
  3. The prosecutor has failed to prove each element of stalking


Talking to a lawyer

Stalking is a serious crime and you could be charged with the crime and face serious penalties. Presenting evidence in the court could be challenging especially because you have to sell it. Therefore, the only solution is to get a qualified lawyer who will help you prepare a good defense. Moreover, the lawyer will represent you in court and ensure all your rights are protected. 


The licensed Muslim Attorney in NYC Farrukh Nuridinv is a lawyer who is willing to fight for his clients protection of accusation of stalking with a range of criminal defense strategies. All you should do to get one of the best defenses in New York is to contact us via our telephone: +(1) 347-763-93-96

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