Harassment charges can have serious consequences, threatening your reputation, career, and personal relationships. In New York, harassment is a criminal offense that can lead to fines, probation, and even jail time. That’s why it’s crucial to have a proven Nassau County criminal defense lawyer on your side.
While harassment charges can arise between strangers, they more commonly stem from emotionally charged disputes involving ex-partners, family members, friends, or colleagues. If your case involves allegations of domestic violence, our experienced Nassau County domestic violence lawyer is ready to protect your rights and build a strong defense.
It’s important to recognize that harassment cases are rarely straightforward. Actions such as repeated text messages, phone calls, or emails are often cited in these cases. However, context matters. For example, reaching out multiple times to discuss legitimate concerns—such as a financial matter—may not meet the legal standard for harassment. This distinction often becomes a central issue in court, making a strong defense strategy key to achieving a favorable outcome.
Understanding Harassment Charges for Long Island Criminal Courts
Harassment charges in New York fall into four general categories under Article 240, each carrying different penalties and legal implications. Below is an overview of the four primary types of harassment offenses and the behaviors that may lead to each charge.
Harassment in the Second Degree (NY Penal Law 240.26)
This is the most common harassment charge. It applies when someone, with intent to harass, annoy, or alarm another person, engages in one or more of the following actions:
- Physical contact, such as striking, shoving, or kicking, or threats to engage in such contact.
- Following someone in public.
- Repeatedly acting in a manner that seriously annoys or alarms another person without serving any legitimate purpose.
This charge is classified as a violation rather than a misdemeanor, but a conviction can still lead to significant consequences, including up to 15 days in jail. Second-Degree Harassment charges are often issued via Desk Appearance Ticket (DAT). If you’ve received a DAT for harassment, it’s important to consult with an experienced Nassau County criminal defense lawyer to protect your rights and address the matter promptly.
Harassment in the First Degree (Stalking) (NY Penal Law 240.25)
Harassment in the First Degree involves repeated actions designed to instill fear of physical harm in another person. Examples of such conduct include:
- Following someone persistently in public spaces.
- Engaging in a pattern of behavior that causes the victim to reasonably fear physical injury.
This offense is a Class B misdemeanor, which can result in up to 90 days in jail or one year of probation. Unlike Second-Degree Harassment, which is considered a violation, this charge carries a more serious classification and longer-lasting consequences.
Relevant Case Law:
- In People v. Henderson, 12 Misc. 3d 60 (N.Y. App. Term 2006), the court upheld a harassment conviction where the defendant repeatedly rang the victim’s doorbell and glared at her. The context—prior hostile conduct—played a significant role in the court’s decision, as it demonstrated intent to instill fear.
Aggravated Harassment in the Second Degree (NY Penal Law 240.30)
This charge arises when an individual communicates with the intent to harass or alarm another person, whether by:
- Sending messages likely to annoy, such as repeated calls, texts, or emails.
- Engaging in physical contact based on the victim’s race, gender, or other protected characteristics.
- Committing harassment after having a prior conviction within the last ten years.
Aggravated Harassment in the Second Degree is a Class A misdemeanor, carrying penalties of up to one year in jail, probation, and fines of up to $1,000.
Relevant Case Law:
- In People v. Limage, 19 Misc. 3d 395 (Crim. Ct. Kings Co. 2008), a defendant sent six text messages over 17 hours, threatening the victim with physical harm. The court found that this behavior constitutes harassment due to the frequency, content, and threatening nature of the messages.
- In contrast, People v. Isaiah Rodriguez, 19 Misc. 3d 830 (Kings Co. Crim. Ct. 2008), highlights that intent matters. In that case, repeated love messages from an 18-year-old defendant were insufficient to establish harassment, as they failed to demonstrate an intent to cause fear or alarm.
Aggravated Harassment in the First Degree (NY Penal Law 240.31)
This is the most severe form of harassment in New York. It applies when someone, motivated by bias or hatred, commits actions such as:
- Damaging property with hate symbols, such as swastikas or burning crosses.
- Repeatedly engaging in harassing behavior after prior convictions for similar offenses.
Aggravated Harassment in the First Degree is a Class E felony. Those convicted face up to four years in prison, five years of probation, and fines of up to $5,000. The felony classification reflects the significant harm this type of conduct can cause to both the victim and the community.
Building a Strong Defense Against Harassment Charges in Nassau County
Defending against harassment charges on Long Island involves carefully analyzing the evidence and highlighting weaknesses in the prosecution’s case. Key strategies often include:
- Challenging Intent: Intent is a critical element in harassment cases. The defense may argue that the defendant’s actions were misinterpreted or had a legitimate purpose. For example, repeated communication may be justified if it relates to shared responsibilities, such as co-parenting or a financial matter.
- Questioning Credibility: Many harassment cases hinge on the testimony of the alleged victim. The defense may challenge inconsistencies in their account or suggest that the allegations stem from ulterior motives, such as a custody dispute or workplace rivalry.
- Constitutional Protections: Free speech protections under the First Amendment can be relevant in certain cases. For example, in People v. Graziano, 2006 N.Y. Misc. Lexis 648 (App. Term. March 14, 2006), the court found that abusive shouting in a parking lot was not protected speech, but other forms of expression may be defensible under the Constitution.
- Highlighting Lack of Evidence: In some cases, the prosecution’s evidence may be insufficient to meet the burden of proof. This can involve pointing out the absence of records, such as phone logs or text messages, to support the allegations.
Top-Rated Harassment Defense Lawyer in Nassau County
Harassment charges can leave lasting impacts, from a criminal record and job losses to strained personal relationships. Acting quickly to address these accusations increases your chances of securing a favorable outcome.
At The R.M.L. Law Firm, PLLC, we understand the challenges of facing harassment allegations. With over a decade of legal experience, Attorney Ramy M. Louis has the expertise to handle these cases with precision. As a former Long Island prosecutor, he has an in-depth understanding of how Long Island prosecutors build their cases, allowing him to develop strategic, personalized defenses that address your unique circumstances.
Attorney Louis has successfully defended clients in Nassau County and across Long Island, offering steady guidance during uncertain times. Whether it’s negotiating reduced charges, advocating for dismissal, or taking a case to trial, his priority is protecting your rights and achieving the best possible resolution.
When you choose The R.M.L. Law Firm, PLLC, you’ll benefit from:
- 24/7 Accessibility: We’re always available to answer your questions and provide guidance.
- Personalized Defense Strategies: Every case is different, and we tailor our approach to suit your situation.
- Proven Local Experience: From Nassau to Suffolk County, our knowledge of local Long Island courts and laws sets us apart.
Take control of your future today. Contact us to schedule a free, confidential consultation and start building your defense.
