Long Island's Premier Criminal & DWI Defense Law Firm
Long Island Stalking Lawyer (PL 120.45, 120.50)
Stalking in the fourth degree (PL 120.45) is a class B misdemeanor in New York, and stalking in the third degree (PL 120.50) is a class A misdemeanor. Stalking becomes a felony when it involves weapons, prior convictions, a child victim or physical injury. Almost every stalking case also comes with an order of protection, which limits where you can go and who you can contact. Richard Hochhauser is a former Nassau County prosecutor who defends stalking charges in the Nassau County First District Court in Hempstead and the Suffolk County First District Court in Central Islip.
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Charged with stalking on Long Island?
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Stalking arrests on Long Island
We reviewed two years of arraignment records from the Nassau County and Suffolk County district courts. About 35 people were charged with stalking, roughly 7 in 10 of them in Nassau County. Nearly all were charged with stalking in the fourth degree, the lowest level. Stalking charges often grow out of breakups, custody disputes or conflicts at work.
What counts as stalking in New York
Stalking in the fourth degree requires that you intentionally, and for no legitimate purpose, engaged in a course of conduct directed at a specific person, meaning more than a single act. The prosecution must also prove one of the following:
Subdivision 1
Fear of harm
The conduct was likely to cause reasonable fear of material harm to the person’s health, safety or property, or that of their family or someone they know.
Subdivision 2
Contact after being told to stop
Following, calling or contacting the person after being clearly told to stop, causing material harm to their mental or emotional health. This includes unauthorized GPS tracking.
Subdivision 3
Contact at work
Contacting the person at their workplace after being clearly told to stop, in a way likely to make them reasonably fear for their job or career.
Degrees of stalking and penalties
| Charge | When it applies | Level and maximum sentence |
|---|---|---|
| Stalking, 4th degree (PL 120.45) | A course of conduct as described above | Class B misdemeanor: up to 3 months in jail |
| Stalking, 3rd degree (PL 120.50) | Conduct likely to cause reasonable fear of physical injury, stalking three or more people, or certain prior convictions within 10 years | Class A misdemeanor: up to 364 days in jail |
| Stalking, 2nd degree (PL 120.55) | Stalking while displaying or threatening a weapon, stalking a child under 14 by someone 21 or older, or certain prior convictions | Class E felony: up to 4 years in prison |
| Stalking, 1st degree (PL 120.60) | Stalking that causes physical injury, or involves certain sex offenses | Class D felony: up to 7 years in prison |
Stalking vs. harassment
Harassment and stalking are often charged together. Harassment in the second degree (PL 240.26) is a violation, not a crime. Aggravated harassment (PL 240.30) is a class A misdemeanor that often involves threatening calls or messages. Stalking requires a course of conduct and proof of fear or harm, so it is usually harder to prove than harassment. That difference is often the key to negotiating a reduction.
Defenses in stalking cases
Purpose
A legitimate purpose
Contact about children, shared property, money owed or business is not stalking just because the other person didn’t want it.
Pattern
Not a course of conduct
A single message, call or encounter is not stalking. We examine whether the incidents are connected and how far apart they were.
Notice to stop
Were you clearly told to stop?
Two of the three versions of the charge require that you were clearly told to stop. Mixed messages or continued contact from the other person matter.
Evidence
The full conversation
Screenshots often leave out context. We get complete message histories, and we examine whether an account or phone number really belongs to you.
The order of protection
At arraignment, the judge will almost always issue an order of protection. It can bar all contact, including texts, social media and messages through friends, and may require you to leave a shared home. Violating it is a separate crime, criminal contempt, even if the other person reaches out first. We can ask the court to modify the order when it affects your home, children or job.
Recent stalking result
Reduced to a violation
Stalking and harassment, former partner
Nassau County First District Court, 2025. Charges arose from repeated messages to a former partner during a dispute over an online post. The case resolved with a plea to disorderly conduct, a violation, not a crime, with community service and an order of protection.
More results: our successful cases.
Prior results do not guarantee a similar outcome.
Stalking charges: frequently asked questions
Is stalking a felony in New York?
Usually not. Stalking in the fourth degree is a class B misdemeanor and stalking in the third degree is a class A misdemeanor. Stalking in the second degree (class E) and first degree (class D) are felonies, for cases involving weapons, child victims, physical injury or certain prior convictions.
What is the difference between stalking and harassment in New York?
Harassment in the second degree is a violation, not a crime, and can be based on a single act. Stalking requires an intentional course of conduct, for no legitimate purpose, that causes fear or material harm. Stalking is a crime.
Can texting someone be stalking?
Yes, if it’s part of a course of conduct and meets the other elements, such as continuing after being clearly told to stop and causing material harm to the person’s mental or emotional health. Texts with a legitimate purpose, such as arranging child visits, are not stalking.
Is tracking someone with GPS stalking?
Unauthorized tracking of a person’s location with a GPS or similar device can be part of stalking under PL 120.45(2), when the other elements are met.
Can stalking charges be reduced or dismissed?
Often, yes. Depending on the facts, stalking charges can be dismissed, resolved with an ACD, or reduced to a violation such as harassment or disorderly conduct, which is not a crime.
How much does a stalking lawyer cost on Long Island?
We charge a flat fee, quoted after your free consultation.
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Garden City Office
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Garden City, NY 11530
Phone: (516) 939-1529
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