Harassment in the First Degree is a crime prohibiting anyone from following another person in public or engaging in any course of action that reasonably causes the other person to fear that they will be injured. In New York this is a type of stalking charge. Harassment in the 1st Degree is a class B misdemeanor. However, prosecutors often bring charges of Harassment in the First Degree along with other, potentially more serious, criminal harassment offenses, such as aggravated harassment or stalking.
The Elements of Harassment in the First DegreeBefore a judge or jury can convict anyone of Harassment in the First Degree, the government must prove each element of the offense beyond a reasonable doubt. The elements of Harassment in the First Degree are:
Notably, while the alleged victim’s fear of experiencing physical injury must be reasonable, there is no legal requirement that they actually suffer injury.
Examples of Harassment in the First DegreeA few examples of Harassment in the First Degree include:
Depending on the circumstances surrounding an arrest, prosecutors bring Harassment in the First Degree charges along with one or more of the following:
Every crime has various defenses that can either lessen a defendant’s exposure or result in an acquittal at trial. Some of the most common defenses to Harassment in the First Degree include the following:
Of course, there may be other defenses available in your case. To learn more about the best harassment defenses, reach out to an experienced NY criminal defense lawyer.
What Are the Penalties for Violating NY Penal Law § 240.25?Harassment in the First Degree is a class B misdemeanor. In New York, class B misdemeanor crimes are punishable by up to three months in jail. The court may also assess a fine of up to $500.
Speak With an Experienced New York Criminal Defense Attorney About Harassment in the First Degree Charges TodayIf you’ve been charged with Harassment in the First Degree, it is important that you understand what’s at stake and what you can do to fight the case against you. At the law firm of Tilem & Associates, P.C., out New York criminal defense lawyers are familiar with all the best harassment defenses and how to use them to reach the best possible result in each case. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.