Harassment / Aggravated Harassment
In New York State, harassment can be charged on multiple different levels. Harassment on its own can be charged as either a violation or a class B misdemeanor which are typically easy to handle and have significantly lower consequences when charged, but if you are charged with aggravated harassment, the offenses are charged as either an A misdemeanor or a class E felony. Call now for a free consultation with one of our experienced team of New York attorneys to see how we can help you with your case.
Harassment in the second degree can be charged for three different types of actions related to acting with the intent to annoy, alarm or harass. For the purpose of these offenses, ‘harass’ is subjecting another to aggressive intimidation or pressure. The first scenario where this offense would apply is when a person kicks, shoves, strikes or otherwise physically contacts a person or threatens or attempts to do the same. Additionally, if a person follows another in or around a public place or places or they engage in conduct or repeated acts that seriously annoy or alarm another person with no legitimate purpose. This level of the offense is a violation, which is typically easy for our attorneys to handle for our clients, as long as there is open communication.
If the person acting in such a way does so repeatedly and places another in reasonable fear of physical injury, the offense becomes a class B misdemeanor which can lead to significant fines or some time served if the court deems it necessary at sentencing. As a misdemeanor charge, it can be difficult to understand the court proceedings, as it can lead to actual time served if convicted.
For a more in depth explanation of aggravated harassment in the second degree, please see our page specifically on it, but for as an overview it is charged as a class A misdemeanor which is the highest level of misdemeanor and can lead to up to a year in jail. Essentially, this charge applies when a person communicates or causes to be communicated by telephone or other electronic device threats of harming another person or their family.
Harassment in the first degree has five sections in which it be charged, each involving different types of actions. The first would be if they damage a premises that is used for religious purposes or maintained for religious instruction and the damage exceeds $50,000. The second would be if a person commits aggravated harassment in the second degree, having been previously convicted of the offense within 10 years.
Third, if they paint, etch or otherwise draw a swastika on any building or property whether owned privately or publicly without permission of the owner or operator of the property. Additionally, if they set a cross on fire in public view or if they paint, etch or otherwise draw a noose on a building or property.
If you have been charged with harassment in any form, call now for a free consultation with one of our experienced New York criminal attorneys.