Top Buffalo, NY Stalking Lawyers Near You

Stalking Lawyers | Akron Office | Serving Buffalo, NY

12364 Main Rd, Akron, NY 14001

Stalking Lawyers | Buffalo Office

40 Fountain Plaza, Suite 500, Buffalo, NY 14202

Stalking Lawyers | Kenmore Office | Serving Buffalo, NY

3110 Delaware Avenue, Kenmore, NY 14217

Stalking Lawyers | Buffalo Office

37 Franklin Street, Suite 800, Buffalo, NY 14202

Stalking Lawyers | Buffalo Office

181 Franklin Street, Buffalo, NY 14202

Stalking Lawyers | Buffalo Office

822 Convention Tower, 43 Court St, Buffalo, NY 14202

Stalking Lawyers | Buffalo Office

651 Delaware Avenue, Suite 118, Buffalo, NY 14202

Stalking Lawyers | Buffalo Office

100 Corporate Pkwy, Suite 320, Buffalo, NY 14226

Stalking Lawyers | Buffalo Office

350 Main St., Main Place Tower, Suite 2210, Buffalo, NY 14202

Stalking Lawyers | Buffalo Office

107 Delaware Avenue, Suite 1366, Buffalo, NY 14202-2904

Stalking Lawyers | Buffalo Office

215 Hampshire St, Buffalo, NY 14213-2021

Stalking Lawyers | Tonawanda Office | Serving Buffalo, NY

2655 Sheridan Drive, Tonawanda, NY 14150-9413

Stalking Lawyers | Buffalo Office

Main Place Tower, Suite 2400, 350 Main Street, Buffalo, NY 14202

Stalking Lawyers | Buffalo Office

80 E Spring St, Buffalo, NY 14221

Stalking Lawyers | Buffalo Office

726 Exchange Street, Suite 1000, Larkin At Exchange, Buffalo, NY 14210

Stalking Lawyers | Amherst Office | Serving Buffalo, NY

4498 Main St, Ste 11, Amherst, NY 14226

Stalking Lawyers | Niagara Falls Office | Serving Buffalo, NY

800 Main St, Ste 4A, Niagara Falls, NY 14301

Stalking Lawyers | Buffalo Office

147 Linwood Ave, Buffalo, NY 14209

Stalking Lawyers | Lockport Office | Serving Buffalo, NY

107 East Ave, Lockport, NY 14094

Stalking Lawyers | Buffalo Office

12 Fountain Plaza, Suite 600, Buffalo, NY 14202-2222

Stalking Lawyers | Buffalo Office

1920 Liberty Building, 424 Main Street, Buffalo, NY 14202

Stalking Lawyers | Buffalo Office

One Canalside, 125 Main Street, Buffalo, NY 14203-2887

Buffalo Stalking Information

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Find a Stalking Attorney near Buffalo

The Average Total Federal Prison Sentence for Stalking in New York

43.14 months*

* based on 2019 Individual Offenders - Federal Court sentencing in New York federal courts. See Sentencing Data Information for complete details.

What Is Considered Stalking?

Stalking, from a legal perspective, typically involves the offender intimidating, threatening, extorting, surveilling or otherwise harassing the victim in at least two or more instances.

Federally, the offender must either cross state lines in the commission of the crime, and use interstate commerce (including tools such as the telephone and the internet) are also applicable. Therefore, cyberstalking is also covered.

Are There Different Degrees of Stalking Charges?

Stalking is treated as a broad crime with penalties according to the severity of the crime, at the judge or jury’s discretion. Penalties are usually escalated by aggravating factors such as the victim being a minor, the victim being part of a protected group where the stalking charge is connected to a hate or bias crime allegation or a weapon or serious threat being made in the commission of the act of stalking.

At the state level, stalking charges are typically differentiated by formal degree and the punishments within state statutes. In some states, there are four degrees of stalking charges. Third and fourth-degree stalking are misdemeanor charges, while second and first-degree stalking are classified as felony offenses. The misdemeanor charges typically involve lesser threats with fewer victims, while the felony charges involve the use of a weapon, a victim under the age of 14 or the intent to cause reckless or serious harm upon the victim.

Can You Go to Jail for a Stalking Charge in New York?

Yes, you can go to jail if you are convicted of stalking, both at the federal level or at the state level. At the federal level, penalties range from up to five years incarceration (if the victim is not seriously injured, up to 10 years if they are) to a life sentence if death is the result of the stalking.

At the state level, stalking charges result in differing penalties depending on the degree the stalking charges are filed under. In some states, fourth-degree stalking can result in up to three years behind bars in county jail, a potential $500 fine and the option of a one-year probation period. By contrast, first-degree stalking charges, if successfully prosecuted, can result in a sentence of up to seven years in state prison as well as a fine of up to $5,000. If the guilty party is considered a repeat offender, this sentence can be escalated to life in prison. Most states follow a similar sentencing guideline for punishing the crime of stalking.

What Is the Difference Between Harassment and Stalking?

The primary difference between the offenses of harassment and of stalking is that the latter is based on a pattern or course of behavior, requiring at least two data points to proceed with legal charges. Harassment can be charged with only a singular act or offense, by contrast.

Is Online Stalking a Crime?

Online stalking, or cyberstalking, is considered a serious crime. Often lumped in with stalking more broadly, cyberstalking is perhaps even easier to prosecute at the federal level given that one of the requisites — interstate communication or commerce — is almost necessarily involved.

Several states, with California being the first in 1999, have enacted their own cyberstalking laws. Florida, Illinois, Texas, New York, Massachusetts and Missouri have also adopted relevant statutes to their own books.

Have You Been Arrested and Charged With Stalking?

Stalking is a serious criminal offense, and if convicted you could spend years in prison. If you are facing stalking charges you should contact a defense attorney as soon as possible.

To be convicted of stalking, you must threaten, harass or bully someone, causing fear or intimidation. Your behavior must indicate a pattern of stalking. Whether your conduct amounted to stalking is subjective. Your attorney can explain the laws prohibiting stalking and prepare your defense to the charge.

How Can an Attorney Help With a Stalking Charge?

If you are facing stalking charges, retaining legal counsel in order to protect yourself from the allegations is the first order of business. A skilled criminal defense attorney can help to craft the best case possible.

Stalking charges are quite serious, and the penalties for those convicted can be quite severe, sometimes involving a lengthy prison sentence and steep fines. A conviction means a criminal record if you do not already have one, and so it is important to consult experienced and skilled legal representation.

An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.

Top Questions to Ask When Hiring an Attorney

  • How many years have you been practicing law? How long have you practiced law in the local area?
  • How many cases similar to mine have you handled in the past?
  • What is the likely outcome for my case?

In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.

What to Expect from an Initial Consultation

  • Seek to determine whether the attorney can represent you. There is no one-size-fits-all legal solution and it may turn out your needs are better served by an attorney in a different specialization.
  • It’s important to find a legal ally who is both competent in the law and someone you can trust to protect your interests.
  • Discuss how the practice’s billing works and discuss possible additional charges or fees that may arise during or after the resolution of your case.

An attorney consultation should provide you with enough information so that you can make an informed decision on whether to proceed with legal help.

Tips on Hiring an Experienced Lawyer with Stalking Cases

The more experienced a lawyer is in legal practice, the more likely he/she will be able to bring about a successful resolution to your issue. Since experience matters, lawyers who’ve been practicing law for many years (with a successful track record) tend to be in high demand. You should look for information about a lawyer’s experience and ask questions during the initial meeting. It’s a very good idea to ask the lawyer how many years he/she has been practicing law and the expected outcome of your case.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.

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