New York City Aggravated Harassment in the Second Degree

Generally, people have an understanding of what the word “harassment” means, but in the New York Penal Law it has a specific connotation. It goes beyond just a minor bother to another person; the actor must intend to cause some sort of real reaction.

Because of the personal nature of this offense, Aggravated Harassment in the Second Degree in New York City frequently occurs between people who are familiar or acquainted, especially between spouses or those in a romantic relationship. Also, it is frequently not the only offense charged as the result of some domestic violence incident. Usually, there are accompanying charges of menacing, assault, stalking, or disorderly conduct, all of which increase the severity of the situation.

What is the Role of Intent in Aggravated Harassment Charges?

One factor that must be proven across the board is the existence of intent. To convict the person accused of aggravated harassment, the prosecution needs to show that the defendant purposely harassed or threatened the alleged victim. If there was the individual did not purposely try to harass or threaten the alleged victim, the prosecution’s case may falter.

Because New York Penal Law §240.30 outlines several circumstances that qualify as aggravated harassment in the second degree, many of the factors required to meet the burden of proof and show guilt beyond a reasonable doubt come down to the details of the alleged act. The specific circumstances, as investigated by police and portrayed by a prosecutor, are therefore important to understand.

The most common 2nd degree aggravated harassment charges under this NY statute relate to phone calls. A person is guilty of this crime if they initiate any form of communication with the intent to harass or threaten another person. This communication does not necessarily need to be over the phone, but a phone call is typically the most common way for people to communicate their threats or vent their anger.

A person may still face charges under this section if the communication is made via email, text, or letter. The exact method of communication is irrelevant, as it is the content that forms are the foundation of the charges. Even if these phone calls are made in the heat of the moment and the person has no real intention of ever committing any of the acts threatened, the person can be found guilty under the statute just for making the call.

With the rise of social media, people can vent anger more easily and with a false sense of security. Posts on platforms like Facebook, Instagram, and X/Twitter, alongside direct messages to another person, can qualify as aggravated harassment, even with perceived distance between the harassing party and their victim. As long as the necessary intent is present, which can be inferred from the circumstances and the content itself, a charge of second-degree aggravated harassment could stick in New York City.

Beyond using communication to harass, physical contact can also saddle a person with a charge of aggravated harassment. For example, with the same intent to harass with a phone call or other communication, a person who makes aggressive physical content because of a discriminatory “belief or perception” can also be convicted of aggravated harassment in the second degree. Causing physical injury with the same intent also counts as aggravated harassment under New York Penal Law § 240.30, as does making the same kinds of contact with public transit employees.

What Are the Penalties for Second Degree Aggravated Harassment?

This aggravated harassment in the 2nd degree is a class A Misdemeanor, punishable by up to one year in jail under New York Penal Law § 70.15 if convicted., Such a prison sentence is the most severe for a misdemeanor and sits at the same level as an offense of assault in the third degree or driving while intoxicated. A class A misdemeanor can also end with a fine of up to $1,000 on top of time in jail.

Even though a person may think that one ill-conceived phone call is not a big deal, it can have significant repercussions on a person’s life and employment and needs to be taken seriously. A criminal record could be a non-starter for a person’s career, limiting their prospects after serving their time. Going to prison can also strain relationships with family, friends, and loved ones, as well as cause psychological trauma.

It is not unusual for this charge to leveled alongside other criminal allegations, such as a domestic violence offense. If that is the case, a person in New York City could face additional penalties on top of the second-degree aggravated harassment charge, resulting in fines and a longer prison sentence.

Why Is a Lawyer Needed to Fight an Aggravated Harassment Charge?

After becoming a suspect in the commission of a crime, some people think that they can just explain what happened and move on. Many people are not aware of their rights in the face of a police investigation and a person under suspicion could find themselves at a major disadvantage.

Having an attorney from the beginning of an investigation can help prevent some of the worst outcomes of a criminal charge, investigation, and trial. A lawyer can challenge the prosecution’s version of events from the very start, questioning the findings of the police and providing the other side of the story and crucial context for the alleged harassment.

An attorney can also make sure that evidence against a suspect is properly obtained or else thrown out during the process. Under the Fourth Amendment, the ability of police to search someone’s home, car, and effects, as well as seize evidence, is limited to an extent. A criminal defense attorney can make sure that the rules are followed.

Working with a sex crime defense lawyer can also help a defendant understand their options, depending on their particular circumstances. The prosecution might offer a plea deal rather than go to trial, and the legal knowledge and experience of a lawyer can contextualize any such offer, laying out the costs and benefits.

During a criminal trial, a defense attorney can fight on a defendant’s behalf to put their alleged actions in the best light with the goal of lowering or eliminating the consequences described above. By showing the weaknesses in the prosecution’s case and providing doubt that a crime occurred at all, a New York City attorney can make the difference for a person accused of aggravated harassment in the second degree.

Speak with a New York City Attorney About Harassment in the Second Degree

If a domestic incident leads to an arrest, having an attorney who knows how to navigate both the legal and personal aspects of a case is paramount. The experienced criminal defense attorneys at our firm have handled countless cases arising from domestic disputes and have a proven track record in dealing with harassment and related charges. If you need help dealing with charges for New York City aggravated harassment in the second degree, call our office for your free case consultation.