New York City Student Cyberbullying Defense Lawyer
Cyberbullying is essentially harassing or threatening someone online. It is a criminal offense in New York City which can result in fines, jail time and a permanent criminal record. The latter is something students need to take seriously as it can impede qualifying for financial aid and obtaining employment.
If you are a student facing cyberbullying charges, contact an experienced New York City student cyberbullying defense attorney to review the charges against you. Remember, there is often a fine line between simply expressing anger and harassing someone. That is where having experienced cyber crimes attorney can help the most.
Legal Definition of Cyberbullying
Cyberbullying is punished as cyber-harassment. According to NY Penal Law § 240.30, cyber-harassment occurs when a person communicates, anonymously or otherwise, with another person by transmitting or delivering any form of written communication or causes a communication to be initiated by electronic means with the intent to harass, annoy, threaten, or alarm that person, that person.
That is a very broad definition which relies strictly on intent. Just like bullying on a playground, there may be different interpretations to what constitutes bullying – or in this case – what constitutes harassing, annoying, threatening, or alarming someone else.
While every case is unique and will depend on the facts and circumstances surrounding it, courts will generally determine whether bullying occurred by looking at what a reasonable person would conclude if exposed to the same situation. That can be a good, or bad, defense depending on what happened – which is why it so important to retain a New York City student cyberbullying defense attorney.
Potential Cyberbullying Penalties
New York classifies cyberbullying as a Class A misdemeanor which can result in spending up to one year in prison, paying fines of up to $1,000, or both.
Students who are under 16 can be charged as adults or juveniles depending on prior criminal behavior and the severity of the behavior. However, first-time offenders may be able to have their charges dismissed or mitigated in a plea bargain.
Again, every situation is different, but it is important to know all the facts and legal defenses available before making a decision which can affect the rest of someone’s life.
New York City Misdemeanor Convictions Result in a Permanent Criminal Record
New York City does not allow misdemeanors or felonies to be expunged, or sealed, from someone’s criminal record. That means that an individual will have to disclose their conviction every time they are asked about their criminal background when completing employment applications, applying for financial aid or grants, or filling out a rental application.
More and more employers, financial institutions, and landlords require criminal background checks as technology has made doing so easy and inexpensive.
The bottom line is that students who are charged with cyberbullying may have numerous defenses available to them, and the best way to learn of these potential defenses is by contacting a student defense lawyer.
Examples of Student Cyberbullying Cases
Understanding what can trigger a cyberbullying charge is essential for students and parents alike. While every case depends on the facts, here are some common examples of behaviors that have led to criminal charges or school disciplinary action in New York City.
Harassing Group Chats
Students sometimes form private group chats where they mock or insult a specific peer. Even if the victim isn’t in the chat, screenshots can be shared. If the content is threatening or degrading, it may qualify as cyber-harassment.
Fake Profiles
Creating a social media account pretending to be another student can lead to charges. These fake profiles may include doctored images, sexually explicit references, or cruel statements that cross into criminal territory.
Threatening Messages
Sending messages that include threats of violence, even if the sender claims it was a joke, can be charged as harassment. Courts often look at whether a reasonable person would feel alarmed by the communication.
Posting Embarrassing Photos
Sharing or reposting photos of classmates in compromising or embarrassing situations without their consent may lead to criminal charges, even if the photos are not explicit.
Tips for Parents of Accused Students
These allegations can be devastating for a student, but parents who find their child charged with cyberbullying can also find themselves helpless in this situation. It is vital for parents of accused students to take the following steps during this tense time:
- Contact a defense attorney immediately
- Do not let your child speak to police or school officials alone
- Preserve all digital evidence
- Avoid deleting social media content
- Request copies of disciplinary notices
- Support your child emotionally and academically
Defense Strategies in Cyberbullying Cases
Beating allegations of cyberbullying starts with a strong defense strategy. Our firm carefully evaluates all of the facts of these cases before tailoring an approach that challenges the state’s case. Some of the most common examples include the following.
Lack of Intent
Cyberbullying is a crime of intent. In order for the student in your life to be guilty of this offense, they must have acted with the intent of harassing or threatening one of their peers. For example, accidentally sharing a photo that leads to a student being harassed should not be prosecuted, as there was no intent to harm.
Consent
There is no question that communication between teenagers can easily be taken out of context, especially by adults. In some situations, it is possible that texts or messages that were either entirely consensual or intended as a joke were misunderstood by a third party, like a teacher or school administrator. These interactions lack the necessary intent to be a crime.
Free Speech
It may be possible to rely on the protections of the First Amendment to the United States Constitution as a defense strategy. Your student has the right to speak their mind, but that does not mean teenagers can say anything they want online.
Mistaken Identity
Cyberbullying allegations are fraught with mistaken identities. The faceless nature of communication over the internet makes it easy to not only harass someone, but to do so while pretending to be someone else. Your attorney could make the case that the student in your life has been falsely accused, potentially because their account was hacked.
How a New York City Cyberbullying Defense Attorney Can Help
A New York City student cyberbullying defense attorney can help you make the decision which is right for your future, protect your rights, and be an advocate between law enforcement officials, prosecutors, and school administrators. Call a criminal defense lawyer to schedule a free, no-obligation consultation to find out more.