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Is Harassment a Crime in New York?

The term ‘harassment’ covers a wide array of incessant and offensive behavior. As a crime, harassment refers to any words or behavior that threaten or intimidate an individual. If you are facing harassment charges in New York, it is important to obtain the help of an experienced Rockland County criminal defense attorney who will protect your rights and represent you in court. Contact a skilled lawyer today.

Is Harassment a Crime?

Yes, harassment is a crime according to New York state law. Various types of harassment and degrees of crime will yield different penalties and charges. Depending on the extent of the harassment, those convicted can face violations, misdemeanors, or even felony charges.

What Types of Harassment Exist in NY?

New York state law recognizes several types of harassment. The following are all different offenses that an individual can be charged with after committing some form of harassment.

  • Harassment in the first degree
  • Harassment in the second degree
  • Aggravated harassment in the first degree
  • Aggravated harassment in the second degree

An individual can be charged with first-degree harassment if they willingly and without consent follow another individual in public or engage in conduct that places the individual in reasonable fear of injury.

Second-degree harassment occurs when a person follows another individual in public, strikes them or attempts to strike them, or acts in a way that causes alarm or seriously annoys another person with no valid reason. These actions must be done with the intention to harass, annoy, or alarm the other person.

Aggravated harassment is more severe than standard harassment. A person can find themselves facing first-degree aggravated harassment charges if they do one or more of the following with the intent to harass, annoy, threaten, or alarm another person because of their race, religion, sex, age, disability, or any other protected status.

  • Damage a religious building or premises
  • Depict or place a swastika on any building without permission
  • Depict or place a noose on any building without permission
  • Set a cross on fire in public
  • Have a previous conviction for the same offense

Second-degree aggravated harassment charges can be brought as a result of a person doing the following with the intent to harass, annoy, threaten, or alarm another person.

  • Communicate with a person by telephone, mail, or other in a manner that causes annoyance or alarm
  • Makes a phone call to another person with no legitimate reason for communication
  • Strikes, or attempts or threatens to strike a person based on their race, religion, sex, age, disability, or any other protected status
  • Strikes someone, causing an injury
  • Is a repeat offender

Contact a Criminal Defense Attorney

When you are facing criminal harassment charges it is crucial that you understand the extent of the charges you are facing and the potential consequences of your crime. Work with an experienced defense attorney who will gather evidence, formulate an effective defensive strategy, and represent you in court.

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