In Western New york, the various Offices of the District Attorney take Stalking charges very seriously.
There are four different types of Stalking ranging from Misdemeanor charges to 2 Felony
charges. The first Misdemeanor Stalking charge is Stalking in the
fourth degree, which is a B Misdemeanor, and the highest is Stalking in
the first degree, which is a class D Felony. The basic concept of Stalking is
that the accused places the victim in fear for her safety by
showing up or following or initiating contact through some
type of communication or starting another type of communication after
the victim has requested for all communication toend.
After the Alleged stalker is told to stop this conduct, the law uses a "reasonable
person" standard to determine whether any further contact would place a
person in fear for his safety. If the answer is "yes," (a reasonable
person would be in fear) than the Stalking Law has been violated.
Buffalo area Stalking attorney will tell you the Offices of the
Attorney in Erie County are more sensitive to Stalking cases because
have potential to lead to more serious crimes and more serious criminal
charges. Stalking cases have turned into assault, sex crimes, rapes,
kidnapping, robbery and even murder. That's why the Courts, after an
arrest on a Stalking charge, generally issue an Order of Protection. The
purpose is to stop all contact and communication between parties and
by stopping the contact, it stops the criminal behavior from
escalating to one of the more serious crimes. Defending Stalking cases
focuses the defense on the mind set of the parties. Was it reasonable
for the alleged victim to fear for his or her safety and well-being? Was
there a legitimate purpose for the alleged perpetrator to be
interacting with the alleged victim? Remember the legal standard is that
the District Attorney has to prove guilt is beyond a reasonable doubt.
The burden of proof is on the District Attorney not the Buffalo Area Stalking Defense Attorney.
Very often these cases do not involve witnesses. Therefore, the
Stalking case is a "he said, she said' and the case will be a battle of
credibility between the parties.