Being accused of harassment can be overwhelming, especially when everyday arguments, text messages, or misunderstandings can escalate into criminal charges. New York takes harassment allegations seriously, and a conviction can have lasting effects on your reputation, career, and freedom. Understanding what behavior can be considered harassment is crucial in avoiding legal issues and protecting your rights. Continue reading and consult with a knowledgeable Stony Point, NY criminal defense attorney today.
What Behavior is Considered Harassment in NY?
New York takes all harassment crimes seriously, and state law recognizes several types of harassment, including harassment in the first and second degree and aggravated harassment in the first and second degree. Below are the general descriptions that outline the behavior that is considered harassment in NY.
- Harassment in the first degree: Intentionally and repeatedly following a person in or about a public place or places, or engaging in a course of conduct or repeatedly committing acts which place such person in reasonable fear of physical injury.
- Harassment in the second degree: With intent to harass, annoy, or alarm another person, striking, shoving, kicking, otherwise subjecting a person to physical contact, or attempting or threatening to do so. It also includes following a person in a public place or engaging in conduct or repeatedly committing acts which alarm or seriously annoy another person and serve no legitimate purpose.
- Aggravated harassment in the first degree: With intent to harass, annoy, threaten, or alarm another person based on a protected characteristic, damaging premises used for religious purposes, committing a second offense of aggravated harassment in the second degree, defacing a building with a swastika, burning a cross in public view, or defacing a building with a depiction of a noose.
- Aggravated harassment in the second degree: With intent to harass, annoy, threaten, or alarm another person, making communications that threaten physical harm or unlawful harm to the property of another person or their family, making communications with no legitimate purpose, striking, shoving, kicking, or other physical contact, and more.
Examples of behavior that are considered harassment can include repeated unwanted messages or calls, physical confrontations or threats, following someone or showing up uninvited to their home or workplace, and making harassing posts or comments on social media.
The most important elements of harassment are the defendant’s intent to annoy or alarm the other person, repeated behavior that shows a pattern, the behavior being unwanted by the victim, and that a reasonable person who find it emotionally distressing.
What Are the Penalties for Harassment in NY?
The penalties for harassment in New York will vary depending on the details of the offense, but in general, the sentencing possibilities are as follows.
- Harassment in the first degree: Up to 90 days in jail, fines up to $500
- Harassment in the second degree: Up to 15 days in jail, fines up to $250
- Aggravated harassment in the first degree: Up to 4 years in jail, fines up to $5,000
- Aggravated harassment in the second degree: Up to 1 year in jail, fines up to $1,000
Depending on the circumstances, additional or alternative penalties can be imposed. For more information and to secure skilled legal representation during your case, contact an experienced attorney today.
