Stalking Defense in Nassau County

Former Prosecutors Defending People Accused of Stalking

New York stalking charges can arise from an alleged pattern of texts, calls, social media activity, in-person visits, workplace contact, following, or GPS tracking. We represent people facing these allegations in Nassau County and throughout Long Island. As former prosecutors, Richard Lerner and Kimberly Lerner understand how the prosecution may assemble separate interactions into an alleged course of conduct.

The exact charge, the history between the parties, and any order of protection can shape the immediate risks. Before answering police questions or contacting the complainant, get legal guidance about what to say, which records to preserve, and what restrictions you must follow. Don’t delete messages, call logs, social media content, or location data that may provide context.

Call (516) 586-0383 to discuss a stalking investigation, arrest, criminal charge, or court-imposed restriction with our defense attorneys.

New York Stalking Charges Under Penal Law Article 120

New York Penal Law Article 120 establishes four stalking degrees, but they aren’t simply four steps on a single scale. Each degree has distinct statutory pathways. The prosecution must prove the elements of the specific section and subdivision charged, including any required intent, prior conduct, notice, fear, injury, or criminal history.

The four degrees include:

• Stalking in the fourth degree: Penal Law § 120.45 is a class B misdemeanor. Its provisions address intentional conduct directed at a specific person for no legitimate purpose, together with specified fear or harm involving physical safety, mental or emotional health, employment, business, or career interests.
• Stalking in the third degree: Penal Law § 120.50 is a class A misdemeanor. The statute contains pathways involving conduct directed at multiple people, qualifying prior convictions, repeated stalking conduct, or a course of conduct likely to cause fear of serious harm.
• Stalking in the second degree: Penal Law § 120.55 is a class E felony. Its provisions include certain allegations involving weapons, prior convictions, younger complainants, repeat conduct, or conduct involving multiple people.
• Stalking in the first degree: Penal Law § 120.60 is a class D felony. It requires specified underlying stalking conduct plus intentional or reckless physical injury or certain conduct constituting a sex offense.

A course of conduct generally means a series of acts over time, even a short period, that demonstrates continuity. Which acts count and what the prosecution must establish depend on the charged subdivision. Possible sentences and collateral consequences also vary with the offense, criminal history, case facts, and court rulings.

Evidence That May Shape a New York Stalking Case

A defense review should begin with the full timeline, not selected screenshots or isolated encounters. We examine the number and timing of contacts, who initiated each exchange, the parties’ relationship, whether communication continued in both directions, and whether particular contact had a legitimate purpose. Some statutory provisions also make a clear instruction to stop relevant.

Records that may require close review include:

• Messages and Calls: Complete text threads, emails, voicemails, call logs, and records showing dates and times.
• Social Media: Posts, direct messages, account information, screenshots, comments, and available metadata.
• Location Evidence: GPS information, photographs, video, access records, receipts, and other data connected to an alleged location.
• Witness Accounts: Statements about workplace contact, visits, conversations, prior instructions, or the relationship between the parties.
• Device Attribution: Evidence showing who owned, controlled, or used the phone, profile, email address, or other account at issue.

Digital evidence must be evaluated for completeness, context, reliability, and attribution. A screenshot may omit earlier messages, while a shared device or account may raise questions about who sent a communication. The relevance of intent, knowledge, reasonable fear, emotional harm, and prior convictions depends on the applicable statutory provision.

Orders of Protection & Local Court Proceedings

A criminal court may issue a temporary order of protection early in the case. Its terms may prohibit direct or indirect communication, require a person to stay away from designated locations, or impose other restrictions. Read the order carefully and follow it even if the protected person initiates contact or invites a response. Only the court can modify or end it.

An alleged violation may create separate criminal exposure, including a possible criminal contempt charge depending on the conduct and circumstances. Before sending a message, returning property, visiting a workplace, or asking someone else to communicate, obtain advice about the order’s exact language.

Nassau County District Court handles misdemeanor trials and has preliminary jurisdiction over felony cases. Nassau County Court has authority to conduct felony trials. Arraignment, release conditions, motion practice, plea discussions, hearings, and trial procedures depend on the charge and how the case develops.

Former Prosecutors With Decades of Criminal Law Experience

Richard Lerner and Kimberly Lerner are a father-daughter attorney team with more than 70 years of combined legal experience. Both are former prosecutors, giving us insight into how criminal allegations may be investigated, charged, and presented. We draw on that background to identify the statutory issues and evidence that require focused review.

Our attorneys have handled thousands of cases. Richard and Kimberly hold AV Preeminent ratings from Martindale-Hubbell, and the firm identifies Super Lawyers recognition among its credentials. Kimberly has also appeared as a legal correspondent on MSNBC, CNN, Fox News, and other networks.

Get Guidance Before Your Next Court Date or Contact

Contact us to discuss the charged degree, upcoming court appearance, communication history, preserved digital evidence, and any restrictions you must follow. We can assess the allegations under the specific Penal Law subdivision and explain the next steps that apply to your situation.

Our lawyers are available 24/7. Call (516) 586-0383 to speak with our team at Lerner & Lerner, P.C. about your stalking case.