Suffolk County Aggravated Harassment Lawyers

Aggravated harassment in the 2nd degree-a person is charged with aggravated harassment when with with intent, harass, annoy, or threatens to harm another person. Misdemeanor charge. Typically in Suffolk County there is a special courtroom setup for domestic violence court. Oftentimes these charges are in those particular court rooms when it involves family members or husband and wife and or girlfriends boyfriends. Oftentimes the district attorney requires an evaluation and treatment as a plea bargain to get these charges reduced to a noncriminal offense. Oftentimes a order of protection is accompanying any charges of this nature. Oftentimes the complaint will decide not to press charges, however once the state is involved it is up to the State to determine whether they are going to pursue the case. Oftentimes even though an individual does not want to continue the charges against a loved one the State will continue the case. The way to get around this is if there are no other witnesses and if the State’s case is dependent upon only the complaint as a witness is to announce readiness for trial. If the people cannot prove their case within 90 days after defense counsel announces readiness for trial the case will be dismissed as well as any order of protection.

The seriousness of a harassment charge can vary depending on the situation and behavior involved. The charge can either be a simple violation, a misdemeanor or a felony. The consequence of being convicted of harassment ranges from a fine to a criminal record with probation and/or jail time. Most of the time, a plea bargain is entered that reduces the charges to a non-criminal offense and requires the accused to complete community service or undergo some type of therapeutic program or evaluation. In only rare cases does a trial take place.

Behavior that can result in a harassment charge include making unwelcome comments and using the telephone or computer to harass, annoy, threaten or alarm another person. This very common charge can be reduced to a non-criminal disposition if negotiated correctly. The prosecutor usually requests an Order of Protection on behalf of the victim, and the continuance of the order is usually made a condition of the plea unless the victim expressly requests otherwise.

The Most Common Charges

Section 240.26 – Harassment in the Second Degree is a Violation, Not a Crime

A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:

• He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or
• He or she follows a person in or about a public place or places; or
• He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Section 240.25 – Harassment in the First Degree (Misdemeanor Charge)

A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury. Harassment in the first degree is a class B misdemeanor.

Section 240.30 – Aggravated Harassment in the Second Degree

A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:

• Either (a) communicates with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person, anonymously or otherwise, by telephone, by telegraph, or by mail, or by transmitting or delivering any other form of written communication, in a manner likely to cause annoyance or alarm; or
• Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or
• Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or
• Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 within the preceding 10 years.

Aggravated harassment in the second degree is a class A misdemeanor.

Section 240.31 – Aggravated Harassment in the First Degree

A person is guilty of aggravated harassment in the first degree when with intent to harass, annoy, threaten or alarm another person, because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct, he or she:

• Damages premises primarily used for religious purposes, and the damage for the premises exceeds $50; or
• Commits the crime of aggravated harassment in the second degree in the manner proscribed by the provisions of subdivision 3 of section 240.30 of this article and has been previously convicted of the crime of aggravated harassment in the second degree for the commission of conduct proscribed by the provisions of subdivision 3 of section 240.30 or he or she has been previously convicted of the crime of aggravated harassment in the first degree within the preceding ten years.

Aggravated harassment in the first degree is a class E felony.

Contact Experienced Suffolk County Aggravated Harassment Attorney Shawn Kassman

We strongly recommend calling criminal defense attorney Shawn Kassman or a member of our legal team at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form catalunyafarm.com. We are available 24 hours a day, 7 days a week and represent clients located in Central Islip (main office location), Holtsville (office location), Bayshore, Brentwood, Oakdale, Sayville, Port Jefferson and Riverhead and both Suffolk and Nassau counties.