New York City Harassment Lawyer
Harassment under New York Penal Law can be a violation-level offense, a misdemeanor, or even a felony – depending on the severity of the alleged action. To determine the seriousness of a potential charge, law enforcement may examine both the actions of the accused and the party against whom these actions were taken.
It is important to take any allegation of harassment seriously. Even for a violation-level offense, the alleged victims may push for protective orders that prevent contact with the defendant or that may force the defendant out of a shared home. If you were charged with any level of harassment, contact a skilled New York City harassment lawyer who could examine the details of your charges and fight aggressively in court. Let a qualified assault attorney pursue the best possible outcome for you.
What Actions Count as Harassment?
In simple terms, harassment is any action taken by one person with the express purpose of annoying or alarming another person. As provided in New York Penal Law §240.26, harassment in the second degree may involve:
- Any physical conduct intended to annoy another person
- Any following of a person in a public place
- Any actions taken by a person that result in alarm without serving a legitimate purpose
Harassment in the second-degree is classified as a violation, which means the maximum penalty a court can impose following a conviction is 15 days in jail. Harassment in the first-degree is a class B misdemeanor, meaning the maximum jail sentence is increased to three months. Actions that constitute harassment in the first degree under New York Penal Code §240.25 involve the repeated and intentional following of another person in a public place or acting in a way that another person reasonably fears physical harm as a result. A New York City attorney is familiar with the intricacies of a harassment charge, and can answer any questions about which penalties may pertain to a certain case.
Aggravating Factors in New York City Harassment Cases
Harassment becomes much more serious with the presence of aggravating factors. These factors can include:
- The use of a telephone or computer to send threatening messages
- Physical contact against a person because of their race, sex, gender, or religion
- Physical contact against a person in an attempt to intimidate a family member
- The use of any form of force or intimidation against another person designed to denigrate another’s religion, race, or sex, including the use of swastikas, nooses, or burning crosses
Most charges of aggravated harassment are class A misdemeanors under New York Penal Law §240.30, which means that a conviction could result in up to one year in jail. However, allegations involving religious or racial intimidation may be upgraded to class E felonies under New York Penal Law §240.31. This may result in a prison term of up to four years. A New York City attorney could attempt to mitigate the penalties that a person may face for charges of harassment.
What to Do After a Harassment Arrest
When a person is arrested for harassment in New York City, the steps they take can have a tremendous impact on the outcome of their case. They have the right to remain silent, but many people fail to do so.
The first step for anyone facing these charges is to avoid talking with the police at all. While everyone is required to provide basic background information after an arrest, like their name, there is no obligation to discuss the facts of the case with law enforcement. Unfortunately, many people irreversibly damage their case by discussing the details with investigators. The less a person says, the better position they will be in later.
Speaking with a harassment attorney in New York City is the most important thing someone can do in this situation. The right legal counsel could devise a defense strategy that results in the dismissal of all charges or another favorable outcome. There are serious risks that come with facing these charges alone.
How a Harassment Attorney in New York City Can Help
No two allegations are exactly the same, but an attorney can generally follow the same approach when it comes to defending someone charged with harassment. The first step is to carefully investigate the accusations, starting with getting the defendant’s side. Some cases are the result of a genuine mistake or misunderstanding, and speaking with the accused can provide more details.
An investigation also involves reviewing the evidence held by the state, starting with the police report. An attorney can also interview witnesses and develop evidence on their own.
Building a strategy is important in these cases. Whether it goes to trial or ends in a settlement, having a strong defense is vital for securing a positive outcome. An attorney can help negotiate a plea at this stage, or pursue a not guilty verdict at trial.
How is Harassment Different From Stalking?
Although the two offenses are often confused for one another, there are notable differences between harassment and stalking under New York law. Both charges are serious, with either one resulting in significant consequences upon a conviction.
Stalking is a pattern of behavior that involves conduct directed at someone else without a legitimate purpose and against their will. These charges are frequently used when someone repeatedly contacts or follows a victim without a reason to do so.
Harassment is more focused on individual acts designed to annoy or alarm. It can include unwanted physical contact that falls short of meeting the definition of assault.
Collateral Consequences of a Conviction
When a person is convicted of harassment, they could face a number of consequences that are beyond the jail time and fines prescribed by statute. This is especially true in cases where the charge is treated as a felony. Some common examples include being fired from a job, losing a professional license, having a housing application denied, or losing the right to own a firearm.
It is critical to remember that these consequences are only linked with a conviction. If the defendant can beat these charges, they will walk away without having a mark on their criminal record. A harassment attorney in New York City could help secure a favorable outcome.
Call a Harassment Lawyer in New York City Today
Harassment can involve anything from annoying touching to religious or racial intimidation, with potential penalties ranging from mundane fines to significant prison sentences. Even a misdemeanor-level conviction could result in a criminal record that may affect employment opportunities and housing options.
In the event you find yourself facing harassment charges, a New York City harassment lawyer could work to achieve your desired outcome, whether that be to reach a fair plea deal to avoid jail time or to fight the charges at trial. Contact our office today to schedule an appointment and learn more about the options that may be available to you.