While it is a serious issue, many wonder whether they can face criminal charges for harassment in New York. Harassment covers a broad range of offensive behaviors that threaten or intimidate a person. If you are facing harassment charges, it is in your best interest to contact our skilled Nassau County Criminal Defense Attorneys who can help shield you from an uncertain future. Please continue reading to learn what constitutes harassment in NY.
What Constitutes Harassment in NY?
Under New York State law, several types of harassment warrant criminal penalties. The following are the different offenses that an individual can be charged with after engaging in this unlawful act:
- Harassment in the first degree: This crime is a class B misdemeanor. An individual can be charged with first-degree harassment if they intentionally and repeatedly harass another person by following them in public or engaging in conduct that places the person in reasonable fear of injury.
- Harassment in the second degree: An individual can be charged with second-degree harassment if they strike them 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 that serves no legitimate purpose. Essentially, these actions must be done with the intention to harass, annoy, or alarm another person.
- Aggravated harassment in the first degree: This crime is a class E felony. An individual can be charged with aggravated harassment if they engage in one 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 premises used for religious purposes (damage exceeds $50)
- Depict or otherwise place a swastika on any building without the express permission of the property owner
- Set a cross on fire in public view
- Have a previous conviction for the same offense
- Aggravated harassment in the second degree: This crime is a class A misdemeanor. An individual can be charged with aggravated assault in the second degree if they engage in the following actions with the intent to harass, annoy, threaten, or alarm another person:
- Communicate with someone by telephone, mail, or other written communication in a manner that causes annoyance or alarm (anonymously or not)
- Causes communication for no legitimate purpose
- Strikes or tries or threatens to strike a person on account of their perceived race, color, national origin, ancestry, gender, religion, age, disability, or sexual orientation
- Strikes someone causing injury
- Is a repeat offender
Harassment is a serious criminal offense in New York. That said, it’s crucial to take these charges seriously. If you are facing harassment charges, please don’t hesitate to contact a trusted attorney from KCS Law, who can defend your rights.
