Stalking Lawyer Erie County, NY
A stalking charge in Erie County can upend your life before you ever
walk into a courtroom. The police and the Erie County District Attorney’s
Office treat stalking allegations seriously, and a conviction carries the
risk of jail, a permanent criminal record, and an order of protection that
keeps you from your home, your workplace, and the people you care about.
New York’s stalking statutes are broad, and what began as a disagreement
or an uncomfortable exchange can quickly become a criminal prosecution.
If you have been arrested, are under investigation, or believe you may be
charged with stalking in Buffalo, Cheektowaga, Amherst, Tonawanda, Hamburg,
or anywhere else in Erie County, you need counsel who understands how
these cases are built — and how to challenge them. Law Offices Of SRIS,
P.C. represents individuals facing stalking allegations in Erie County
courts. Call (888) 437-7747 to speak with us.
Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Stalking Means in Erie County
Under New York law, stalking is not a single act but a pattern of
conduct — repeated, unwanted attention or contact directed at a specific
person that causes that person to fear material harm. Prosecutors in
Erie County bring stalking charges under a range of provisions in the
New York Penal Law, starting with fourth-degree stalking, a class B
misdemeanor, and escalating to first-degree stalking, a class D felony
when aggravating factors are present.
The court that will hear your case depends on the degree of the charge.
Misdemeanor stalking cases are heard in the local criminal court for
the town or city where the alleged conduct occurred — often Buffalo City
Court or one of the town courts in the county. Felony stalking charges
proceed in Erie County Supreme Court Criminal Term, located at 25 Delaware
Avenue in Buffalo. Whether the charge is a misdemeanor or a felony,
the prosecution must prove beyond a reasonable doubt that you engaged
in a course of conduct directed at the complainant and that your conduct
caused the complainant to reasonably fear for their safety or the safety
of others. Gaps in the timeline, ambiguous communications, and a lack
of credible threat are all areas where a strong defense can expose the
weaknesses in the state’s case.
A stalking conviction in Erie County carries consequences that extend
well beyond the sentence a judge hands down. An order of protection is
virtually automatic, and it can bar you from contacting or approaching the
complainant, even in common shared spaces. The conviction itself becomes
part of your criminal history, visible to employers, landlords, and
licensing boards. And because stalking is often charged alongside related
offenses — criminal contempt, harassment, or menacing — the total legal
exposure can be severe. Yet the breadth of New York’s stalking statutes
also means that many cases are defensible: the prosecutor may have charged
too broadly, mischaracterized a single argument as a pattern, or relied
on an accuser whose story does not hold up under scrutiny.
How Mr. Sris and His Of Counsel Handle Stalking Cases
When you engage Law Offices Of SRIS, P.C. for a stalking matter in Erie
County, your defense begins with a careful examination of the evidence
the state intends to use. Mr. Sris and his Of Counsel review every
communication — text messages, emails, social-media posts, and voicemails
— to reconstruct the timeline and identify inconsistencies. We look
for alternative explanations for your behavior, for evidence that the
contact was consensual or incidental rather than threatening, and for
any indication that the complainant initiated or welcomed the very
contact they now call stalking. Because stalking requires a pattern,
a handful of isolated or ambiguous incidents frequently falls short of
the legal threshold.
If the case is in the early stages, we work to resolve it before formal
charges are filed or at arraignment. In Erie County, many first-offense
misdemeanor stalking charges are eligible for an Adjournment in
Contemplation of Dismissal (ACD) — a disposition that adjourns the
case for a period of time, typically six to twelve months, and then
dismisses the charge outright if you have no new arrests. For felony
stalking matters, we press prosecutors to examine whether the facts
actually support the elevated charge or whether a reduction to a
misdemeanor is appropriate. When trial is necessary, we are prepared
to challenge the credibility of the complainant and the sufficiency of
the state’s evidence before a judge or a jury at 25 Delaware Avenue.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has
represented individuals accused of stalking and other criminal offenses
since 1997. A former prosecutor, he understands how the Erie County
District Attorney’s Office evaluates and prepares stalking cases,
and he uses that insight to build targeted defenses for each client.
Mr. Sris is admitted to practice in New York, Virginia, Maryland, the
District of Columbia, and New Jersey, and he concentrates a substantial
portion of his practice on criminal defense.
Mr. Sris is joined by a team of Of Counsel attorneys, each of whom
brings substantial criminal litigation experience. Together, Mr. Sris
and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
Because the firm’s New York location works with clients across Erie
County by appointment, you can consult with us without delay. Call
(888) 437-7747 to request a consultation.
Frequently Asked Questions
What is the difference between fourth-degree and first-degree stalking?
Fourth-degree stalking is a class B misdemeanor involving intentional, repeated conduct that causes fear; first-degree stalking is a class D felony requiring intentional infliction of physical injury, use of a weapon, or violation of an order of protection.
The charge level depends on the severity of the alleged conduct and any prior history.
A misdemeanor may be handled in a local criminal court, while a felony stalking case goes
to Erie County Supreme Court Criminal Term under the New York Penal Law.
Every case is fact-specific, so the classification can change as new evidence emerges.
Can a stalking charge in Erie County be dismissed before trial?
Yes, a stalking charge can be dismissed before trial, especially for first-time misdemeanor cases, through an Adjournment in Contemplation of Dismissal (ACD) or by demonstrating that the pattern element cannot be proven.
An ACD adjourns the case for up to twelve months and results in automatic dismissal if you
have no new arrests. In more serious cases, a skilled defense may lead the prosecutor to
reduce or withdraw the charge when the evidence is weak. Every case benefits from early
intervention to preserve all dismissal avenues.
What should I do if I suspect I am being investigated for stalking?
If you suspect you are under investigation, do not contact the alleged victim, do not discuss the case with anyone except a lawyer, and contact an experienced criminal defense attorney immediately.
Anything you say to police, friends, or on social media can be used against you.
Early legal counsel can often influence whether charges are filed at all.
Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation before
any formal proceedings begin.
Does a stalking conviction mean I cannot own a firearm?
A stalking conviction can result in the loss of firearm rights if the conviction classifies as a misdemeanor crime of domestic violence or if it triggers federal or state prohibitions.
In New York, even a misdemeanor domestic-violence-related offense can carry a federal
firearms disability under the Lautenberg Amendment. The precise consequence depends on
the nature of the charge and the relationship between the parties. If firearm ownership is
important to you, it is critical to raise this concern with your attorney early in the case.
Where can I find a stalking defense lawyer near Buffalo, New York?
Law Offices Of SRIS, P.C. represents clients on stalking charges in Buffalo and throughout Erie County, with a New York location at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202, and a during business hours phone line at (888) 437-7747.
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results, and Mr. Sris draws on
his background as a former prosecutor to challenge the state’s case. Results may vary.
Consultations are available by appointment. Call to schedule a discussion of your
defense strategy.
See our criminal defense services in other New York counties:
New York County (Manhattan),
Kings County (Brooklyn),
Queens County (Queens),
Richmond County (Staten Island),
Nassau County (Long Island).
Primary sources:
New York Penal Law ·
New York State Unified Court System ·
Erie County Supreme Court
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.