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How to Stay Safe When You’re Being Stalked?

Stalking is a serious crime that can cause fear, anxiety, and emotional distress to victims. If you’re being stalked, it’s important to take steps to protect yourself and stay safe. Here are some tips to help you stay safe when you’re being stalked.

Steps to Ensure Your Safety When Dealing with Stalking

1. Take the situation seriously

Stalking is a crime, and it’s important to take it seriously. Don’t ignore the situation or assume that it will go away on its own. Contact a lawyer like Paul Biagini, who can help you understand your legal options and take appropriate action.

2. Document everything

Keep a record of all incidents related to the stalking, including the date, time, location, and what happened. Save any emails, text messages, voicemails, or social media posts related to the stalking. This information can be useful if you decide to seek a restraining order or take legal action against the stalker.

3. Notify law enforcement

Contact the police and report the stalking. Provide them with all the information you’ve gathered, and make sure to mention if you feel threatened or unsafe. Law enforcement can help you get a restraining order, and they can also provide you with safety tips and resources.

4. Take steps to protect yourself

Consider changing your routine, such as the routes you take to work or school. Install a security system or additional locks on your doors and windows. If you have a restraining order, carry a copy with you at all times, and provide a copy to your employer or school.

5. Seek support from friends and family

Stalking can be isolating, and it’s important to have a support system in place. Talk to your friends and family members about what’s going on, and ask for their help and support. You may also want to consider seeking support from a therapist or counselor.

6. Stay vigilant

Stay aware of your surroundings at all times, and trust your instincts. If you feel like you’re being followed or someone is watching you, take action to protect yourself. Call the police or seek help from a nearby business or public place.

In conclusion, stalking is a serious crime that requires immediate action. If you’re being stalked, contact a lawyer like Paul Biagini, document everything, notify law enforcement, take steps to protect yourself, seek support from friends and family, and stay vigilant. Remember, you have the right to feel safe and secure, and there are resources available to help you.

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The Difference between Criminal and Civil Penalties for Stalking and Harassment in New York State

Stalking and harassment are serious offenses in New York state that can result in both criminal and civil penalties. However, there are key differences between these two types of penalties, including the purpose, burden of proof, and consequences. In this blog post, we will explore the difference between criminal and civil penalties for stalking and harassment in New York state.

Criminal Penalties

Criminal penalties are the result of a criminal case brought by the state against the offender. The purpose of criminal penalties is to punish the offender for their behavior and deter others from engaging in similar behavior. In criminal cases, the burden of proof is beyond a reasonable doubt, which is a high standard of proof that requires the prosecutor to prove the case to a jury or judge.

In New York state, stalking is a criminal offense that can result in a class A misdemeanor or a felony, depending on the severity of the behavior. Harassment is also a criminal offense that can result in a violation, a misdemeanor, or a felony, depending on the severity of the behavior.

Criminal penalties for stalking and harassment can include fines, probation, and jail time. In addition, a criminal conviction can have long-term consequences, such as difficulty finding employment or housing.

Civil Penalties

Civil penalties are the result of a civil case brought by the victim against the offender. The purpose of civil penalties is to compensate the victim for their losses, such as emotional distress or financial damages. In civil cases, the burden of proof is lower than in criminal cases and is based on a preponderance of the evidence, which means that the evidence presented must be more likely than not to prove the case.

In New York state, victims of stalking and harassment can file a civil lawsuit to obtain a restraining order, also known as an order of protection, and/or seek compensation for damages. Damages may include medical expenses, lost wages, and pain and suffering.

Civil penalties for stalking and harassment can include restraining orders, damages, and attorney’s fees. Unlike criminal penalties, civil penalties are paid by the offender to the victim.

Conclusion

Stalking and harassment are serious offenses that can result in both criminal and civil penalties in New York state. Criminal penalties are intended to punish the offender for their behavior, while civil penalties are intended to compensate the victim for their losses. Both criminal and civil penalties have different purposes, burdens of proof, and consequences. It’s important for victims of stalking and harassment to understand their legal options and seek the guidance of an experienced attorney who can help them navigate the complex legal system and protect their rights.

Common Myths and Misconceptions about Stalking and Harassment in New York State

Stalking and harassment are serious offenses that can have devastating effects on victims. Unfortunately, there are many myths and misconceptions surrounding these crimes that can make it difficult for victims to get the help they need. In this blog post, we will explore some common myths and misconceptions about stalking and harassment in New York state.

Myth #1: Stalking and harassment are not serious crimes.

Fact: Stalking and harassment are serious crimes that can have significant physical, emotional, and financial consequences for victims. In New York state, stalking is a criminal offense that can result in a class A misdemeanor or a felony, depending on the severity of the behavior. Harassment is also a criminal offense that can result in a violation, a misdemeanor, or a felony, depending on the severity of the behavior.

Myth #2: Only strangers can be stalkers.

Fact: Stalkers can be anyone, including family members, friends, acquaintances, or even former partners. In fact, most victims of stalking know their stalker. Stalking is defined as a pattern of behavior that causes a victim to feel fear or distress, and it can include unwanted contact, following, monitoring, or threats.

Myth #3: Victims of harassment just need to toughen up.

Fact: Harassment can take many forms, including verbal abuse, physical assault, and online harassment. It can cause significant emotional distress and have long-term effects on a victim’s mental health. Victims of harassment deserve to be taken seriously and should not be told to toughen up or ignore the behavior.

Myth #4: Victims of stalking and harassment are responsible for their own safety.

Fact: It is the responsibility of the offender to stop the behavior, not the victim. Victims of stalking and harassment should not be blamed for the actions of their stalker or harasser. Instead, they should be supported and encouraged to seek help from law enforcement, legal professionals, and victim advocates.

Myth #5: Restraining orders are always effective in stopping stalking and harassment.

Fact: Restraining orders, also known as orders of protection, can be an important tool for victims of stalking and harassment to protect themselves from their abusers. However, they are not always effective in stopping the behavior. Victims should always take additional steps to ensure their safety, such as changing their phone number, installing security cameras, and notifying law enforcement of any violations of the restraining order.

Conclusion

Stalking and harassment are serious crimes that can have significant physical, emotional, and financial consequences for victims. It’s important to dispel common myths and misconceptions surrounding these crimes to ensure that victims receive the help and support they need. Victims of stalking and harassment should be taken seriously and provided with resources and support to protect themselves from their abusers. If you or someone you know is a victim of stalking or harassment in New York state, seek the guidance of an experienced attorney who can help you understand your legal options and protect your rights.

NY State’s New Bail Reform Laws and What It Means for You

In 2019, in a historic decision, New York adopted a new law wherein the assessment of cash bail in cases including misdemeanors and non-violent crimes are ended. It means that people who have committed misdemeanors and non-violent crimes will be released with an aim to reduce the unne­ces­sary use of incar­cer­a­tion. In addition, except for some exceptions, the new bail reform law in New York eliminates cash bail to reduce the risk of the arrest of people just because they cannot afford to pay for the release.

Many people who have been charged with aggravated harassment and stalking cases are often innocent, or they don’t know what they did wrong. Unfortunately, there are also times when people have been arrested and put in jail just because they cannot pay their bail amount on time. The new bail reform law is a beacon of light for anyone who is solely behind bars because he/she cannot pay the bail money. The new law considers many cases not to be violent enough to pay bail cash.

The type of cases that will not be affected by the new bail reform laws are:

  1. Criminal contempt in domestic violence, all kinds of sex offenses, witness tampering, charges regarding terrorism, and offenses against children
  2. If a person is found guilty of operating as a significant drug trafficker
  3. If a robbery is aided by another or
  4. If a burglary is committed in a dwelling

Apart from these, all the arrest charges that a person has against them regarding misdemeanors, non-violent felonies, drug cases, burglary, and robbery, will be eligible for release with or without monetary conditions. However, the judge will be able to impose release conditions at the arraignment as they see fit.

If you have a harassment case against you, and the judge determines it is as non-violent, you will be eligible for release under these new bail reforms law too. New York’s bail reform law has noticeably lessened the role of cash bail in the criminal legal system, and law enforcement officers have seen a decline in the number of people behind bars rate in New York because of it. In addition, since it does not require law enforcement to hold people behind bars just because they cannot pay the bail money, they are now able to use the jail cells to hold more violent criminals.

Did the new bail reform law increase crimes in New York?

Even though many people believe that the new bail reform law will give people a pass to commit non-violent crimes without any consequence, they cannot be further from the truth. In fact, after the passing of the bail reform laws, New York has not seen any more crime than it normally did. There was no increase in crime overall; however, there was a notable spike in two types of crimes, gun violence, and homicide, in 2020, but it has increased across the country also. So, one cannot confirm it is because of the new reform law.

Why should you hire a defense attorney for your case?

Since aggravated harassment and stalking are not considered one of violent crimes under the new bail reform laws, if you are charged with such, law enforcement will not be able to hold for monetary excuses. However, if they arrest you with such a charge, having a defense attorney by your side is always the smart thing to do.

Paul Biagini is one of the leading defense attorneys that has helped several clients with harassment and stalking arrest records and sealed their records so that they can lead a better life. Even with the new bail reform law, you will need a good attorney to ensure that your charge is not overtly severe if it need not be

Explore Paul Biagini Law Firm’s website for expert legal guidance and personalized solutions. With a commitment to excellence and years of experience, we are dedicated to serving your legal needs. Visit us at https://paulbiaginilawfirm.com/ to learn more and discover how we can assist you in navigating the complexities of the legal world.


What Happens When You Are Charged With Aggravated Harassment and Stalking Case?

When accused of harassment or stalking, most people often wonder what they did wrong because both stalking and harassment are umbrella terms covering a wide range of actions. While some might think what they were doing was not a criminal activity, it might be offensive to the person on the receiving end. Any activity that might be considered threatening, unwanted, or alarming with an intent to harm or disturb the victim is often considered harassment.

Whether you are aware of your actions or not, if someone feels threatened by you, they can file aggravated harassment and stalking cases against you. In many cases, law enforcement officers will arrest the accused, which is why having a defense law consultant like Paul Biagini to handle your case is extremely important.

What counts as harassment in New York?

If you are in New York, you might be wondering what might be considered harassment in New York. Depending on the severity of the actions, the harassment in New York is often identified as one of the following kinds:

  1. First-degree harassment
  2. Second-degree harassment
  3. Aggravated harassment in the first degree
  4. Aggravated harassment in the second degree

If you are doing anything physical to annoy the person on the receiving end or following around a person in public places, it would be considered any one of the first two kinds of harassment.

It becomes one of the latter two (an aggravated harassment case) if you are using a telephone or a computer to send a threatening message or making physical contact against a person to intimidate them or their family members. In such cases, you would need a defense lawyer as soon as possible.

What happens if you are charged with aggravated harassment and stalking?

Under New York Penal Law, harassment can be considered a serious crime that falls under either a misdemeanor, a violation-level offense, or sometimes even considered a felony. The severity of the harassment case depends on the alleged action and how law enforcement perceives it. Law enforcement will go through the actions of both the accused and victim to determine the seriousness of the charge.

Depending on the severity of the case and what kind of category your harassment and staking cases fall into, the charges would differ too. Again, depending on the seriousness, the prison term might vary from somewhere between 15 days to four years. You will also have to serve a probation period from anywhere between one to three years and pay a certain amount in fine.

How could an attorney help you with your case?

If you are in New York, looking for an attorney to help you with your aggravated harassment and stalking case, Paul Biagini is one of the most prominent law consultant who has helped several clients with their cases. Biagini will look at your case from the start and provide you with a watertight defense to minimize the fallout as much as possible. Even a misdemeanor-level conviction would make it hard for you to find a job or even rent a house, which is why it is crucial to find a lawyer who will try to mitigate the penalties.

Paul Biagini will also make sure to seal your arrest record after a certain period so that it does not affect your life moving forward. Biagini will present all the necessary documents at the court required to seal your record, making it easier for you to move on with your life.

If you happen to find yourself in a tricky situation where you are charged with harassment or stalking, the safest thing you could do is contact Paul Biagini and hire him to help you