The general definition of harassment is any action taken by one person with the express purpose to annoy or alarm another person. Harassment can be seen on many different levels and thus can be considered present in many different circumstances. In New York, including Rockland County communities like New City, Nyack, and Spring Valley, harassment offenses are charged in accordance with New York Penal Code Article 240. This statute distinguishes between several levels of harassment, depending on the behavior involved, if physical contact is a factor, and aggravating factors like threats or discrimination were involved. So, if you have been accused of harassment, you must understand the full breadth of consequences that you may face. Read on to discover what constitutes a harassment charge and how a seasoned Rockland County criminal defense lawyer at The Law Office of Kevin T. Conway can work to fully assess the implications of your case.
What Is Considered Harassment Under New York Law
In New York, harassment generally refers to behavior meant to cause annoyance, alarm, threaten, or intimidate another person through physical contact, threatening communication, or repeated contact, as defined under New York Penal Law Article 240.
In general, harassment involves behaviors intended to annoy, alarm, intimidate, or threaten another person. Under this law, a wide range of actions, including physical contact, threatening language, and repeated, unwanted contact, may be deemed harassment.
Conduct That May Lead to Harassment Charges
- Making physical contact with another person in an unwanted or aggressive manner
- Attempting physical harm, even if no contact or injury occurs
- Repeatedly following someone in public places with the intent to cause fear or distress
- Engaging in abusive or threatening communications like phone calls, texts, or online messages
- Engaging in conduct intended to cause serious alarm or annoyance
What are the Different Harassment Charges in New York State?
According to New York law, there are four different types of harassment that are punishable by significant penalties. They are as follows:
- Harassment in the second degree
- Harassment in the first degree
- Aggravated harassment in the second degree
- Aggravated harassment in the first degree
Each offense carries different legal penalties depending on the conduct involved and intent of the defendant.
Harassment in the Second Degree
Harassment in the second degree is generally charged when any minor physical contact with another person occurs. This includes:
- Hitting
- Shoving
- Kicking
- Attempting or threatening to make physical contact
It’s critical to understand that, as stated, even attempts or threats of physical contact are enough to warrant a harassment offense, even if physical contact never occurs.
Harassment in the First Degree
A step above this is harassment in the first degree, which is applicable if you intentionally and repeatedly harass another person by performing any of the following actions:
- Following another person in a public place
- Engaging in a course of conduct in which another person experiences a reasonable fear of bodily injury
Repeated behavior and intent to cause distress are generally the most important elements that the prosecution must be able to demonstrate in these instances.
Aggravated Harassment in the Second Degree
Aggravated harassment in the second degree typically applies if you intend to annoy or alarm another person. Examples generally include:
- Making threatening phone calls
- Sending harassing texts or emails
- Making threats through social media
- Repeated, unwanted communication intended to cause distress
It’s important to understand that this charge typically involves electronic communication and threats, which is growing increasingly common as social media continues to grow in popularity.
Aggravated Harassment in the First Degree
Aggravated harassment in the first degree is generally the most serious harassment offense, and typically applies when the harassment is motivated by certain characteristics, like:
- Race
- National origin
- Ancestry
- Gender
- Religion
- Age
- Disability
- Sexual orientation
This type of harassment may include:
- Damaging religious property
- Setting a cross on fire
- Defacing property with offensive imagery
What Are The Penalties For Harassment Charges In New York State?
With the wide range of actions that fall into the different types of harassment charges comes a wide range of penalties.
Penalties for Harassment in the Second Degree
- Considered a violation rather than a criminal misdemeanor
- Generally does not result in jail time
- May require court appearance and potential fines
Penalties for Harassment in the First Degree
- Class B misdemeanor
- Punishable by up to 90 days in jail
- Can include fines of up to $500
Penalties for Aggravated Harassment in the Second Degree
- Considered a Class A misdemeanor
- Can result in up to one year in jail
- Can include fines of up to $1,000
Penalties for Aggravated Harassment in the First Degree
- Considered a Class E felony
- Typically results in one to four years in prison
Why Harassment Charges are Common in New York Domestic or Relationship Disputes
Harassment allegations in New City, Nanuet, and the surrounding Rockland County communities often arise in domestic disputes between individuals who know one another, including:
- Family members
- Household members
- Romantic partners
- Spouses
- Former partner
In many circumstances, if a complaint is made to a local police department, law enforcement may file harassment charges while the matter is further investigated. In many instances, harassment allegations are handled through the Rockland County criminal courts, where the prosecution and judge will determine whether or not the alleged conduct constitutes harassment in accordance with the law.
Situations That Often Lead to Harassment Charges
- Intense arguments between partners or family members
- Continual calls and texts during disputes
- Allegations that arise during divorces or custody proceedings
- Conflicts between neighbors or acquaintances
Contact a Rockland County Criminal Attorney Today
If you are facing allegations of harassment in New York, it is in your best interest to connect with an experienced Rockland County criminal defense attorney the Law Office of Kevin T. Conway. While harassment may not seem like a serious offense, any criminal conviction on your record can have considerable long-term impacts on your life. Don’t hesitate to contact our firm today to learn how we can represent you.
