When Does Stalking Escalate to a Felony Under NY Penal Law §§ 120.50, 120.55, and 120.60? - David Mejia Colgan
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From David Mejia Colgan, Esq. - When Does Stalking Escalate to a Felony Under NY Penal Law §§ 120.50, 120.55, and 120.60? explores how stalking charges move from misdemeanor offenses to felony allegations under NY Penal Law §§ 120.50, 120.55, and 120.60. This episode breaks down the difference between fourth-degree stalking under § 120.45, third-degree stalking under § 120.50, second-degree stalking under § 120.55, and first-degree stalking under § 120.60, while explaining how factors like a prior stalking conviction, weapon display, physical injury, sexual contact, or targeting a child under 14 can change the seriousness of the case.
Listeners will hear how New York classifies stalking as a Class B misdemeanor, Class A misdemeanor, Class E felony, or Class D felony depending on the conduct involved and the defendant’s criminal history. The discussion also covers penalties such as up to four years in prison for a Class E felony, up to seven years for a Class D felony, fines up to $5,000, final orders of protection under Criminal Procedure Law § 530.13, and additional felony exposure for criminal contempt under Penal Law § 215.51 when an order of protection is violated.
The episode also looks at how felony stalking cases may involve related allegations, including aggravated harassment under Penal Law § 240.30, assault, menacing, burglary, trespass, and sex offense allegations under Article 130, such as Forcible Touching or Sexual Abuse in the Second Degree. It explains how SORA registration under New York Correction Law Article 6-C may become an issue in first-degree stalking cases involving qualifying sexual conduct, and why digital evidence like texts, emails, social media messages, GPS data, and call logs often plays a central role in these prosecutions.
David Mejia Colgan, Esq., a former Bronx prosecutor and graduate of New York University School of Law, brings more than 25 years of criminal law experience to clients facing stalking, domestic violence, sex crimes, and serious felony charges. Based at 910 Grand Concourse, Suite 1F, Bronx, NY 10451, with an additional office in Westchester County, the Law Offices of David Mejia Colgan, Esq. represents clients in Bronx Supreme Court, Bronx Criminal Court, NYC, Manhattan, Westchester, and Yonkers, helping them understand course-of-conduct allegations, lawful purpose defenses, Fourth Amendment suppression issues, plea options, and defense strategies for charges under §§ 120.50, 120.55, and 120.60.
David Mejia Colgan, Esq
910 Grand Concourse Suite 1F, Bronx, NY 10451, United States
(718) 484-8820