A New Yorker who allegedly committed harassment should know what the law says about these allegations, the potential penalties and defenses. Since there are different types of harassment, charges will vary. This post will discuss second-degree aggravated harassment.
If there is an attempt to harass another person, second-degree charges are likely, if there is communication via telephone, mail or any form of delivery that threatens to physically harm the person, damage their property, or harm his or her family or household. In addition, the accused must have known or should have known that it would have led to a reasonable fear of those threats being carried out. It is also a crime under this statute if the communication was caused by a person, even if the accused did not do it.
There is a violation if there is an intent to initiate the harassment, and there is no legitimate purpose for the communication. There does not need to be a conversation. If there is an intention to harass, annoy, threaten or alarm another by kicking, shoving, striking or subjecting the other person to physical contact or attempts to do so because of age, color, disability, sexual orientation, race, national origin or similar reasoning, it is a violation of the law. If the above acts are done and physical injury occurs, it is also illegal.
It is a Class A Misdemeanor to commit aggravated harassment, meaning there can be a maximum sentence of one year incarceration, probation for three years and a fine of up to $1,000. As such, it is imperative to have legal assistance to avoid a conviction and the accompanying penalties. A conviction can have a lasting impact on a person’s life and deprive him or her of freedom. A law firm that understands all areas of criminal defense can help with a case.