Stalking Defense Attorney in Westchester County

Former Prosecutors. 100+ Years of Combined Experience. Defending Stalking Charges Across Westchester County.

A stalking charge in New York isn’t a minor accusation. Depending on the degree charged, it can range from a Class B misdemeanor to a Class D violent felony carrying mandatory state prison time. Our criminal defense attorneys at Proto, Sachs & Brown, LLP defend clients facing stalking charges throughout Westchester County from offices in White Plains and Cortlandt Manor. With over 100 years of combined legal experience across the firm and former prosecutors on our team, we understand how the Westchester District Attorney’s Office builds these cases because we’ve built them from the other side.

Even a misdemeanor stalking conviction can follow you for years: a permanent criminal record, an order of protection, and potential consequences for your employment, housing, and professional licenses. Acting quickly after an arrest can protect your rights from arraignment forward.

If you or someone you know is facing a stalking charge in Westchester County, contact Proto, Sachs & Brown, LLP now at (914) 840-5104 to schedule a free case consultation.

New York’s Four Degrees of Stalking

New York Penal Law defines stalking across four degrees, each with distinct elements and penalty ranges. Every degree requires proof of a course of conduct, meaning more than one incident directed at the same person. A single alleged incident generally doesn’t satisfy that element.

Stalking in the Fourth Degree (PL 120.45)

A Class B misdemeanor. Under PL 120.45, this charge applies when someone intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person and knows or reasonably should know that the conduct is likely to cause reasonable fear of material harm to the person’s physical health, safety, or property; causes material harm to that person’s mental or emotional health; or is likely to cause the person to fear that their employment or career is threatened. It’s the most commonly charged degree and often the starting point prosecutors use to escalate.

Stalking in the Third Degree (PL 120.50)

A Class A misdemeanor. The charge escalates from the fourth degree when the accused has stalked three or more people in separate incidents, has a prior qualifying stalking or predicate conviction, or when the conduct is likely to cause fear of physical injury.

Stalking in the Second Degree (PL 120.55)

A Class E felony. This degree applies when the accused, while committing a qualifying form of stalking in the third degree, used or displayed a weapon; when the accused is 21 or older and targeted a minor under 14; or when the offense was committed after a prior conviction for certain specified crimes. Cyberstalking through texts, email, social media, or GPS tracking is prosecuted under the same statutes.

Stalking in the First Degree (PL 120.60)

A Class D violent felony and the most serious degree. This charge requires that the accused, while committing a qualifying form of stalking in the second or third degree, also caused physical injury or committed a qualifying sex offense. A conviction can carry a mandatory minimum of two years and a maximum of seven years in state prison, plus a period of post-release supervision.

How We Defend Stalking Charges in Westchester County

Because our team includes former prosecutors, we know how the Westchester District Attorney’s Office assembles a stalking case, and that knowledge shapes how we defend one. Stalking prosecutions frequently hinge on witness credibility and the interpretation of conduct rather than physical evidence, which means the defense investigation matters enormously.

We defend stalking charges in Westchester County Court in White Plains and in local courts, including Yonkers City Court and White Plains City Court. Common defense arguments in these cases include:

• No qualifying course of conduct: The alleged incidents don’t meet the statutory definition of a repeated, directed pattern
• Legitimate purpose for contact: The communication or presence had a lawful, reasonable basis
• Objectively unreasonable fear: The alleged victim’s fear doesn’t meet the reasonableness standard the law requires
• Fabricated or exaggerated allegations: Motive, prior relationship history, and communication records often tell a different story
• Mistaken identity: The accused was not the source of the conduct

Stalking charges frequently arrive alongside aggravated harassment, menacing, assault, or criminal contempt charges. We address every charged offense together rather than in isolation, because the strategy for one can affect the outcome of another.

Why Clients Choose Proto, Sachs & Brown, LLP for Stalking Defense

Our attorneys have been selected for Super Lawyers, an honor reserved for the top 5% of New York attorneys. We’ve also received the Avvo Clients’ Choice Award for Criminal Defense, and our attorneys are co-authors of nationally recognized bestselling books on criminal and DWI defense. These credentials aren’t marketing filler: they reflect the depth of knowledge we bring to every stalking case we handle in Westchester County courts.

We represent clients in all Westchester County courts and surrounding county courts, including city, town, village, county, and appellate courts. Every matter begins with a free case consultation so you can understand your options before making any decisions.

Facing a Stalking Charge? Talk to Our Team Today.

The decisions made in the early stages of a stalking case can shape everything that follows. Our team is ready to review your situation, explain your options, and begin building a defense. Call Proto, Sachs & Brown, LLP at (914) 840-5104 or reach us through our online contact form to schedule your free consultation.