Facing Criminal Harassment Charges in New York?

Criminal Harassment Charges Pursuant to Penal Law 240.25

In New York, individuals can easily find themselves on either side of harassment charges. Hence, Penal Law 240.00, 240.26, and 240.25 criminalize harassing behavior for which someone can be prosecuted.  On the other hand, those who are being harassed by another - whether it be a stranger or an ex-partner, have the ability and the authority to go to the police and have another person arrested. Within that realm, harassment is categorized depending on how intrusive, repetitive, and threatening the contact is.

In New York City, criminal harassment is defined under New York Penal Law § 240.25. It involves intentionally engaging in conduct that causes someone to fear for their safety or the safety of their property. This can include actions like:

• following someone,
• making threats, or
• sending unwanted communications.

There are different degrees of harassment, but generally, if the behavior is intended to annoy, alarm, or threaten another person, it can be classified as criminal harassment.

Criminal Harassment Charges Pursuant to Penal Law 240.26

New York Penal Law § 240.26 defines "harassment in the second degree." This statute involves intentionally harassing, annoying, or alarming another person through specific behaviors. Examples of such conduct include:

• Following someone in a public place.
• Engaging in a course of conduct that causes annoyance or alarm.
• Communicating with someone in a way that is intended to annoy or threaten them.

Harassment in the second degree is typically considered a violation, which can result in fines and other penalties, but it is not classified as a misdemeanor or felony.

Aggravated Harassment Charges Pursuant to Penal Law 240.30

In New York, aggravated harassment is addressed under Penal Law § 240.30. It involves a more serious level of harassment that includes specific aggravating factors. Key elements include:

• Intentional Harassment: The person must intend to harass, annoy, or threaten another person.
• Use of Communication: The harassment often involves threats of physical harm, or uses electronic means (like phone calls, texts, or social media) to communicate threats.
• Targeting Specific Individuals: Aggravated harassment may also involve targeting someone based on their race, religion, ethnicity, sexual orientation, or other protected characteristics.

Aggravated harassment can be classified as a misdemeanor, with penalties including fines and potential jail time, depending on the circumstances.

How We Fight Criminal Harassment Charges Charges in New York

While Harassment charges may start off as violations or misdemeanors, they can easily spiral into more serious prosecutions should aggravating factors be present or if an individual continues this conduct in the face of an order of protection.

To successfully defend against these charges, it is imperative that a former prosecutor and experienced defense attorney carefully conduct a counter-investigation to show that such contact does not meet the penal law requirements. With mitigating information and alternative resolutions, a creative defense lawyer can also put forth amenable dispositions such as treatment and anger management (where appropriate) to resolve these cases.

Possible Sentencing & Penalties in New York

Oftentimes, those who are convicted of a simple harassment will be sentenced to time-served or a conditional discharge. Importantly, however, if convicted of a penal law 240.26 harassment charge, the conviction itself will remain visible to the public on a background check, while a penal law 240.20 conviction will seal off your record within two-years.

Examples and Related Cases

A classic example of criminal or even aggravated harassment is seen where one person repeatedly texts or calls another against the latter’s desire. Causing this type of annoyance, fear, or alarm is textbook harassment and may lead to an arrest should that individual go to law enforcement and file a complaint.

Your Defense Begins Today

If you or a loved one is facing prosecution of criminal harassment, it’s imperative to have a former prosecutor and criminal defense attorney at your side. A lawyer at this stage can and should conduct counter-investigations, use the media landscape favorably if the matter involves public figures, and make sure to document the relationship between the accused and the abused in order to achieve the most appropriate and beneficial resolution.

If you are someone you know is facing criminal harassment allegations, please contact The Law Offices of Jason Goldman today.