The question of whether individuals can be subject to criminal charges for harassment in New York raises significant concern. Harassment encompasses a wide spectrum of offensive behaviors designed to threaten or intimidate a person. However, it is important to understand that most individuals engaging in such actions fail to fully grasp that their conduct falls within the legal definition of harassment. If you’re facing a harassment charge, contacting a dedicated Rockland County Criminal Defense Attorney is in your best interest. Please continue reading to learn the potential penalties for this crime in New York.
What Constitutes Harassment in New York?
Harassment can, unfortunately, take on various forms. As such, the state imposes harsh penalties against those who engage in activities intended to harass, annoy, threaten, or alarm people. New York, like other states, divides harassment into first and second-degree crimes, as well as standard harassment and aggravated harassment. If you intentionally and repeatedly harass another person by following them in public or engaging in conduct that places that person in reasonable fear of injury, you can be charged with harassment in the first degree. This is a class B misdemeanor, which is punishable by up to three months in jail and a fine of up to $500.
Second-degree harassment, on the other hand, occurs when you strike another person or attempt or threaten to do so, follow a person in public places, or act in a way that causes alarm or seriously annoys another person and serves no legitimate purpose. This is a violation, meaning it can result in a fine but no jail time. Nevertheless, you can face criminal charges for aggravated harassment in the first degree if you intentionally harass, annoy, threaten, or alarm another person because of their perceived race, color, national origin, ancestry, gender, religion, age, disability, sexual orientation, or another protected status by:
- Damaging premises primarily used for religious purposes (destruction exceeds fifty dollars)
- Depicting or otherwise placing a swastika on any building without express permission
- Depicting or otherwise placing a noose on any build without express permission
- Setting a cross on fire in public view
- Having a previous conviction for the same offense
Aggravated harassment in the first degree is a class E felony, which is punishable by up to four years in jail and a fine of up to $5,000. Aggravated harassment in the second degree, on the other hand, is a class A misdemeanor. This occurs when, with the intent to harass, annoy, threaten, or alarm another person you:
- Communicate with a person by telephone, mail, or other written communication to cause annoyance or alarm
- Communication of this nature with no legitimate purpose
- Strikes, or attempts or threatens to strike, an individual on account of their perceived race, color, genre, religion, age, disability, sexual orientation, or another protected status.
- Stikes someone causing an injury
- Repeated harassment offender.
As you can see, harassment is a serious crime in New York that warrants an array of harsh penalties. As such, it’s crucial to take these charges seriously by enlisting the help of an experienced Rockland County criminal defense attorney who can defend your rights and shield you from an uncertain future. Connect with The Law Office of Carl Spector today to discuss your case.