1. Stalking New York – Background of the Complaint and Initial Issues
The client was reported to law enforcement after visiting a neighbor’s door to address serious noise problems.
Although the client intended only to communicate peacefully, the neighbor claimed that the actions created fear and constituted stalking under New York law.
Our criminal defense team analyzed the complaint and quickly identified that the client’s conduct did not meet the statutory definitions required for stalking.
Facts Confirmed During the First Consultation
During the initial review, several key facts emerged:
- The client was suffering from prolonged noise disturbances from the upstairs neighbor.
- When the client attempted to resolve the issue politely, the neighbor responded aggressively and made verbal threats.
- The client later left a short, polite note at the neighbor's door requesting reduced noise.
- The neighbor then filed a stalking complaint, alleging repeated unwanted contact.
After reviewing these details, the defense team concluded that a tailored legal strategy was necessary to challenge the stalking allegation.
2. Stalking New York – Legal Requirements and Applicable Statutes
In New York, stalking is governed primarily by NY Penal Law §120.45–§120.60, which focuses on intentional conduct that causes reasonable fear for a person’s safety.
For a conviction, prosecutors must prove that the accused engaged in:
- Repeated conduct, and
- With intent to cause fear, or
- That the conduct would reasonably cause fear.
Understanding How Stalking Is Defined
Under New York law, stalking may involve:
- Intentional, repeated contact with no legitimate purpose,
- Conduct likely to cause fear of harm,
- Actions directed at a specific person despite objections.
Our defense analysis confirmed that a respectful, non-threatening note qualifies as a legitimate purpose, and therefore does not meet the stalking standard.
Penalties for Stalking Under New York Law
Potential penalties include:
- Stalking 4th Degree (§120.45):Up to 3 months jail
- Stalking 3rd Degree (§120.50):Up to 1 year jail
- Stalking 2nd Degree (§120.55):Class E felony
- Stalking 1st Degree (§120.60):Class D felony
Because this case involved one noteand no threatening behavior, the defense emphasized that the statutory threshold for stalking was not met.
3. Stalking New York – Strategy and Defense Development
After reviewing the evidence, the attorneys structured a defense aimed at showing:
- The client acted with a legitimate purpose, and
- No conduct involved fear-inducing or repetitive behavior.
This approach ensured the matter did not escalate into formal charges.
Presenting the Noise-Based Conflict as the Origin of Events
The defense demonstrated:
- The noise disturbances were real, continuous, and disruptive.
- The client’s attempt to communicate was polite and reasonable.
- The neighbor escalated the situation with aggressive behavior.
- Mental health records showed significant stress caused by the noise.
Establishing That the Note Did Not Constitute Stalking Behavior
The defense highlighted:
- The note contained no threats.
- No repeated or intrusive contact occurred.
- The message expressed a desire for peaceful resolution.
Stalking requires intent to instill fear, which was entirely absent.
4. Stalking New York – Advocacy, Evidence Submission, and Final Outcome
The attorneys submitted all factual evidence, medical documents, and a detailed explanation of the noise conflict.
Law enforcement reviewed the materials and accepted that the situation was a misunderstanding, not stalking.
Conclusion: Non-Prosecution Decision
Thanks to this well-organized defense, the result was:
- Full non-prosecution(no charges)
- Recognition that the client’s conduct had a legitimate purpose
- Avoidance of criminal record or further investigation
The client expressed deep relief and gratitude for the swift resolution.
If you are being investigated for stalking or facing accusations arising from noise disputes, misunderstandings, or neighbor conflicts, SJKP can help.
We provide:
- Fact-based legal analysis
- Evidence collection and presentation
- Strategic defense planning
- Representation during investigation
Contact SJKP for a confidential consultation.
24 Nov, 2025
