BRONX, NY - Stalking charges in New York can begin as a misdemeanor and escalate quickly to a felony when specific aggravating circumstances are alleged, with penalties reaching up to seven years in state prison. Bronx criminal defense attorney David Mejia Colgan of David Mejia Colgan, Esq. (https://dmclawny.com/stalking-felony-degrees-pl-120-50-55-60/) explains how the four degrees of stalking are charged under New York Penal Law and what factors push a case into felony territory under PL sections 120.50, 120.55, and 120.60.
According to Bronx criminal defense attorney David Mejia Colgan, New York classifies stalking into four degrees. Fourth-degree stalking under PL section 120.45 is a Class B misdemeanor, and third-degree stalking under PL section 120.50 is a Class A misdemeanor. Stalking crosses into felony territory at the second and first degrees. "The same underlying course of conduct can be charged as a misdemeanor or a felony depending on what additional factors the prosecution can prove," Colgan explains. "Prior convictions, weapon allegations, the age of the alleged victim, and any physical or sexual contact can all elevate the charge."
Bronx criminal defense attorney David Mejia Colgan notes that Stalking in the Second Degree under PL section 120.55 is a Class E felony carrying up to four years in state prison. The statute is triggered when the defendant commits the underlying stalking conduct, and one of several aggravating factors is present, including a prior stalking conviction within the preceding ten years, possessing or displaying a weapon, or, when the defendant is 21 or older, targeting a victim under 14. A separate provision applies when the defendant was convicted of a specified predicate crime within the past five years, and the current alleged victim is the same person or an immediate family member.
Attorney Colgan adds that Stalking in the First Degree under PL section 120.60 is a Class D felony carrying up to seven years in state prison. The statute requires proof that the defendant committed second- or third-degree stalking and, during the course of that conduct, either intentionally or recklessly caused physical injury, caused serious physical injury, or committed a qualifying Class A misdemeanor sexual offense under Article 130 of the Penal Law. A conviction involving qualifying sexual offense conduct may also trigger registration under the Sex Offender Registration Act.
Attorney Colgan emphasizes that every stalking charge requires proof of a "course of conduct." "Prosecutors must show a series of acts over a period of time reflecting a continuity of purpose, not just a single incident," he points out. "A one-time phone call or chance encounter does not satisfy the statute. The defense often starts by examining whether the alleged acts truly form a sustained pattern or whether they were isolated and unrelated."
The firm also represents clients facing co-charges that frequently accompany stalking allegations. Aggravated harassment under PL section 240.30, criminal contempt for violation of an order of protection under PL sections 215.50 or 215.51, assault, menacing, burglary, and trespass are commonly filed together. Total sentencing exposure increases substantially when multiple counts are charged consecutively, giving prosecutors significant leverage in plea negotiations.
Common defenses include challenging the "course of conduct" element, disputing whether a prior conviction qualifies to elevate the charge, contesting whether a weapon was actually displayed, questioning the reasonableness of the alleged fear, and asserting a lawful purpose for the contact in cases involving shared business interests, custody disputes, or pending legal proceedings. "When much of the evidence comes from text messages, social media, or GPS data, suppression motions under the Fourth Amendment can be a critical part of the defense," Colgan notes. "If the evidence was obtained without a proper warrant, the case can weaken significantly."
The firm represents clients in Bronx Criminal Court and Bronx Supreme Court, as well as in courts throughout New York City and Westchester County. Final convictions under PL sections 120.55 or 120.60 typically result in a permanent order of protection under Criminal Procedure Law section 530.13, with violations chargeable as separate felony offenses under PL section 215.51.
For those facing felony stalking charges in the Bronx, contacting an experienced criminal defense attorney early may help evaluate the strength of the prosecution's evidence on the "course of conduct" element, contest any aggravating factor used to elevate the charge, and pursue suppression of digital evidence obtained in violation of constitutional rights.
About David Mejia Colgan, Esq.:
David Mejia Colgan, Esq. is a Bronx-based criminal defense practice focused on representing individuals charged with violent crimes, domestic violence offenses, and stalking-related matters. A former Assistant District Attorney in the Bronx County District Attorney's Office, attorney David Mejia Colgan brings more than 25 years of criminal law experience to clients throughout the Bronx, Manhattan, Westchester, and Yonkers. The office is located at 910 Grand Concourse, Suite 1F. For consultations, call (718) 484-8820.
Email: david.m.colgan@gmail.com
Media Contact
Name
David Mejia Colgan, Esq.
Contact name
David Mejia Colgan
Contact phone
(718) 484-8820
Contact address
910 Grand Concourse Ste 1F
City
Bronx
State
NY
Zip
10451
Country
United States
Url
https://dmclawny.com/
COMTEX_486204040/2888/2026-07-08T14:44:25