Whether you are interested in someone who doesn’t seem to reciprocate your feelings or you are having trouble letting go after a relationship has ended, you may be treading on thin ice if you are unaware of the different behaviors that count as stalking. To protect you from being charged with a crime, you should understand the laws about stalking in New York.

It may not be stalking if you have tried a few times to ask out someone in your social group or even attempted to find out more about the person you are interested in. As FindLaw explains, stalking falls within a set of repeated, unwanted behaviors that make the target feel afraid. The following behaviors are common:

  • Discreetly following the person whenever possible, such as home from work, to the gym, to school and while running errands
  • Repeatedly sending the person phone calls, text messages, emails and posts on social media
  • Damaging personal property belonging to the target, such as keying a car or uprooting plants from a flower garden
  • Making threats or implying that the person will be harmed for not complying with the alleged stalker’s wishes or returning to the relationship

You may be aware that stalking often occurs after a relationship involving domestic violence has ended. While you may not be a violent person, you could still face misdemeanor charges if the court determined the other person had reasonable cause to fear for his or her safety or suffered emotional damage as a result of your alleged stalking behavior. You might face felony penalties for a subsequent charge or if a weapon was involved. Because the issue can be complex, this information should not replace the advice of a lawyer.

By : First Page Attorney | June 24, 2018 | Violent Crimes



If you face vehicular assault charges in New York, this is a serious matter indeed. The New York State Senate explains that vehicular assault is a felony wherein you allegedly caused someone serious physical injury by driving your vehicle while allegedly under the influence of drugs or alcohol. Be aware that the word “vehicle” includes not only a motor vehicle such as a car, truck, SUV, etc., but also a boat, snowmobile or all terrain vehicle.

New York divides vehicular assault into three categories: second degree, first degree and aggravated.

Vehicular assault in the second degree

The charge of second-degree vehicular assault means that you allegedly drove one of the designated vehicles, or a large truck weighing over 18,000 pounds that contained flammable gas, radioactive materials or explosives, while under the influence of alcohol or drugs, thereby causing someone to suffer serious physical injury. If convicted of this class E felony, you could spend two to five years in jail depending on the circumstances of your case.

Vehicular assault in the first degree

The charge of first-degree vehicular assault means that you allegedly committed second-degree vehicular assault under one of the following additional circumstances:

  • Your blood alcohol content was 0.18 percent or higher.
  • Your driver’s license was suspended or revoked in New York or any other state based either on conviction of a serious traffic violation or your refusal to submit to a chemical test.
  • You had a previous DUI conviction anywhere in the United States within the past 10 years.
  • You had a passenger under the age of 15 who received serious physical injuries.

If convicted of this class D felony, you could spend up to five years in jail depending on the circumstances of your case.

Aggravated vehicular assault

The charge of aggravated vehicular assault means that you allegedly committed first-degree vehicular assault, plus drove recklessly. If convicted of this class C felony, you could spend up to 10 years in jail depending on the circumstances of your case.

This is general information only and not intended to provide legal advice.

By : First Page Attorney | June 8, 2018 | Vehicular Assault Or Homicide

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I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

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