Long Island Harassment Defense Lawyer Protecting the Rights of the Accused
Everyone has certain rights in the state of New York. For example, people have the right to privacy and the right to safety. If you are accused of violating one of these rights, authorities could charge you with harassment.
Harassment is a serious criminal offense that carries harsh penalties. It is possible to fight these charges, but you shouldn’t do it alone. If you’ve been charged with harassment, contact criminal defense attorney Gianni Karmily as soon as possible to discuss your legal options.
What is Harassment in New York?
There are two degrees of harassment in New York: first-degree and second-degree harassment. Harassment in the second degree is the least serious of the two offenses. This offense occurs when someone with the intent to harass, annoy, or alarm engages in one of these behaviors:
- Attempts, threatens, or makes physical contact with the victim, or
- Follows the victim in a public place, or
- Repeatedly acting in a way that serves no purpose but to seriously annoy or alarm the victim.
This offense is not a misdemeanor or felony, but rather a violation.
First-degree harassment occurs when someone intentionally and repeatedly harasses a victim by either:
- Following the victim in a public place, or
- Repeatedly acting in a way that makes the victim fear for their physical safety.
This crime is a class B misdemeanor.
What are the Different Types of Harassment Charges in New York?
New York law recognizes two primary harassment offenses:
- Harassment in the second degree – typically involves physical contact, threats, or repeated behavior intended to harass or alarm another person, and is usually charged as a violation
- Harassment in the first degree – generally involves repeated conduct that places someone in reasonable fear of physical injury, and is typically charged as a Class B misdemeanor
The severity of the charge depends on the conduct involved and whether the behavior was repeated or threatening.
What is Aggravated Harassment in New York?
In severe cases, the crime can be charged as aggravated harassment rather than harassment. This crime can be charged in the first or second degree. Second-degree aggravated harassment, which is a class A misdemeanor, occurs when someone engages in certain behaviors with the intent to harass the victim. Examples of conduct that could be considered second-degree aggravated harassment include:
- Making threats to harm the victim, their family, or their property
- Making phone calls with the intent to harass or threaten the victim
- Attempts, threatens, or makes physical contact with the victim because of the victim’s race, national origin, ancestry, religion, gender, age, disability, sexual orientation, or color.
- Making physical contact with the victim or the victim’s family with the intent to harass, annoy, or alarm, and causing injury as a result of this contact.
You can also face second-degree aggravated harassment charges if you have been charged with harassment in the past. If you have a first-degree harassment conviction on your record within the last 10 years, you can face second-degree aggravated harassment charges if you are accused of committing first-degree harassment again.
First-degree aggravated harassment occurs when someone intentionally harasses another person because of their race, national origin, ancestry, religion, gender, age, disability, sexual orientation, or color. This crime, which is a class E felony, may involve:
- Damaging property that is used for religious purposes, or
- Vandalizing property with swastikas or other symbols of racism, or
- Lighting a cross on fire
Second-degree aggravated harassment charges can be increased to first-degree aggravated harassment charges under certain circumstances for repeat offenders.
What Are the Penalties For A Harassment Conviction?
Second-degree harassment is a violation, so the maximum penalty is 15 days in jail. If you are convicted of first-degree harassment, you could face up to 90 days in jail or one year of probation.
The penalties for aggravated harassment are far more serious. Second-degree aggravated harassment carries a maximum penalty of one year in jail or a three-year probation sentence. If you are convicted of first-degree aggravated harassment, you could face up to four years in prison as well as $5,000 in fines.
Can you go to Jail for Harassment in New York?
Yes. Depending on the charge, a person may go to jail for harassment in New York. Possible sentences include:
- Second-degree harassment: Up to 15 days in jail
- First-degree harassment (Class B misdemeanor): Up to 90 days in jail
- Second-degree Aggravated harassment (Class A misdemeanor): Up to 364 in jail
- First-degree aggravated harassment (Class E felony): Up to 4 years in state prison
What Behavior can Lead to a Harassment Charge in New York?
Certain actions may lead to a harassment charge in New York if they are intended to annoy, threaten, or alarm another person. Prosecutors must show the conduct was intentional and directed at a specific individual. Examples may include:
- Unwanted physical contact such as pushing or shoving
- Threatening or intimidating behavior
- Repeated phone calls, messages, or other unwanted communication
- Following or confronting someone in a threatening manner
- Engaging in conduct intended to disturb another person’s peace
Can a Harassment Charge be Dismissed in New York?
Yes. A harassment charge in New York may be dismissed depending on the facts of the case, the strength of the evidence, and legal issues that arise during prosecution. Dismissal may occur where the evidence is insufficient to prove intent to harass, where witness credibility is in question, or where there are constitutional or procedural defects in the case. In many cases, charges may also be reduced to non-criminal offenses or lesser violations as part of a negotiated resolution.
How do I Find a Harassment Lawyer Near Me?
To find a harassment lawyer near you, search for a criminal defense attorney experienced in handling harassment, stalking, and related charges in your area. Review law firm experience, attorney credentials, and client reviews, confirm the lawyer regularly defends first-degree and second-degree harassment cases, first-degree and second-degree aggravated harassment cases, and schedule a case evaluation to discuss your situation and possible defense options.
How Can A Harassment Lawyer Help?
There are a number of ways to fight harassment or aggravated harassment charges. Let attorney Gianni Karmily review your case to determine the best approach to take to fight your charges. Gianni knows how a conviction can impact your life—especially if it is for a felony crime—which is why he works tirelessly to help his clients avoid this outcome.
Don’t let a harassment or aggravated harassment charge haunt you for the rest of your life. Let Gianni Karmily aggressively pursue the best possible outcome in your case.
How Much Do Nassau County Harassment Defense Attorneys Cost?
One of the first questions that may cross your mind is, “How much will a Harassment defense lawyer cost?” The answer to this question can vary depending on a number of factors, including the complexity of the case, the severity of the criminal charges, and the attorney’s experience in criminal law.
More complex cases involving serious crimes will require more of your attorney’s time, which means these cases will typically cost more than less serious offenses.
Harassment defense attorneys usually charge flat fees for their legal services. Most attorneys charge a flat fee to handle pre-litigation matters and another flat fee if the case goes to hearings or trial.
Nassau County, Long Island, NY, is not the place to “Price Shop” for a Harassment defense attorney. If you do that, you risk making a life-altering mistake that will haunt you forever. If a law firm charges less, always ask yourself the reason why they are a “Budget” law firm.
4 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Nassau County Harassment Defense Attorney
1) LIFELONG HARASSMENT DEFENSE ATTORNEY
Gianni Karmily is a lifelong harassment defense attorney serving Nassau County, Long Island, New York. His legal career has been dedicated to defending individuals accused of crimes and protecting the rights of people facing harassment prosecution.
Unlike attorneys who begin their careers representing the government before transitioning into private harassment defense, Gianni Karmily has developed his professional experience from the harassment defense side of the justice system. His defense experience began before he became an attorney. While attending law school, Gianni served as an intern for the Public Defender’s Office at the Legal Aid and Defender Association in Detroit, Michigan, gaining firsthand experience defending individuals accused of harassment offenses.
After returning to Nassau County, Long Island, New York, Gianni dedicated his practice to harassment defense litigation and the representation of individuals facing harassment charges. His practice encompasses the defense of individuals accused of a broad range of harassment offenses, including DWI and DUI-related offenses, hit and run, assault, domestic violence, larceny, theft, drug crimes, weapons offenses, traffic-related crimes, white-collar crimes, and other misdemeanor and felony charges.
Gianni’s practice is centered on New York harassment defense, New York Penal Law, Vehicle & Traffic Law, Harassment Procedure Law, constitutional advocacy, harassment litigation, and protecting the rights of the accused. His defense-focused experience provides an operational perspective on harassment cases that is centered on identifying weaknesses in the government’s case, challenging evidence, examining investigative procedures, and determining whether constitutional or procedural issues may affect the prosecution.
Depending on the circumstances of a particular case, harassment defense representation may involve Fourth Amendment issues, search and seizure, suppression motions, unlawful searches, unlawful stops, probable cause, evidentiary challenges, procedural violations, constitutional defenses, and challenges to the sufficiency of the government’s evidence.
There is a natural advantage to an attorney you hire who has not been on the prosecution side because they have a totally different mindset not susceptible to institutional bias, which makes you subconsciously conditioned to think in a certain way and accept certain things that could put your client in peril.
A lifelong harassment defense attorney develops what can be described as aggressive skepticism—an active approach to questioning allegations, scrutinizing evidence, challenging assumptions, examining police and investigative procedures, and determining whether the prosecution can establish every element required to prove the charged offense. Overall, the ability to challenge authority and the harassment justice system as a whole is a core component that distinguishes harassment defense attorneys who have practiced exclusively on the defense side from those who spent part of their careers doing the opposite—prosecuting cases and putting people in jail.
With more than 10 years of exclusive harassment defense experience, the distinction is straightforward: Gianni Karmily is a harassment defense attorney whose professional identity is built around defending the accused. Harassment defense is not a secondary practice area or a recent transition from prosecution to private practice. It is the focus of his legal career.
2) DIRECT ACCESS TO GIANNI KARMILY
Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. Clients facing harassment charges in Nassau County have direct access to the attorney responsible for their representation.
A harassment defense case should not be routinely passed from one attorney to another or from one paralegal to another without consistent attorney involvement. Gianni remains directly involved in the important aspects of each representation, including court appearances, case updates, client questions, evaluation of harassment charges, review of available evidence, and defense strategy.
Direct access means that the attorney defending the case maintains firsthand knowledge of the client’s circumstances, allegations, procedural history, legal issues, and potential defenses.
Gianni also regularly works with other experienced harassment defense attorneys, legal professionals, investigators, and other experts from different backgrounds when a particular case would benefit from additional experience or specialized knowledge. This allows the firm to maintain direct attorney involvement while also drawing upon additional resources when appropriate.
For individuals accused of a harassment offense in Nassau County, Long Island, New York, direct communication with the principal attorney is an important part of the harassment defense process that our firm does not take lightly.
3) LIMIT NUMBER OF CASES
The Law Firm of Gianni Karmily, PLLC limits the number of harassment defense cases it accepts each month so that each client receives individualized attention and Gianni can dedicate the time necessary to develop a thorough defense without cutting any corners.
The firm does not approach harassment defense as a high-volume process. Each harassment case requires an examination of its specific facts, allegations, evidence, procedural history, and applicable New York law.
Limiting the number of cases allows Gianni to dedicate adequate time to:
- Understanding the specific circumstances of the client’s case.
- Reviewing the harassment allegations and available evidence.
- Identifying potential constitutional and procedural issues.
- Evaluating applicable New York harassment laws.
- Investigating potential defenses.
- Communicating directly with the client.
- Preparing adequately for court appearances.
- Developing an individualized defense strategy.
- Pursuing an appropriate resolution based on the facts and circumstances of the case.
4) OFFICE LOCATED STEPS AWAY FROM THE NASSAU COUNTY COURTHOUSE
The Law Firm of Gianni Karmily, PLLC has offices located steps away from the Nassau County Courthouse, placing Gianni Karmily and his harassment defense practice immediately next to the courthouse where many Nassau County harassment matters are handled.
For a harassment defense client, having an attorney’s office steps away from the Nassau County Courthouse provides practical benefits throughout the representation. Harassment cases involve arraignments, court appearances, conferences, hearings, motions, plea proceedings, compliance appearances, and trials, depending on the charges and circumstances of the case.
The firm’s proximity makes it convenient for clients to meet directly with harassment defense attorney Gianni Karmily before or after court proceedings, discuss developments in their case, review important legal issues, and communicate with Gianni when court-related matters arise.
For clients who may have multiple court appearances throughout a harassment case, having their attorney’s office steps away from the Nassau County Courthouse can also reduce unnecessary travel between the courthouse and their attorney’s office. It provides a convenient, easily accessible location for attorney-client meetings before or after proceedings.
For a person searching for a Nassau County harassment defense attorney, the combination of a lifelong focus on harassment defense, direct attorney access, and an office located steps away from the Nassau County Courthouse provides a direct connection between the attorney, the client, and the local court system.
Discuss Your Case With Our Harassment Defense Attorney in Nassau County
Have you been charged with harassment or aggravated harassment? Turn to Gianni Karmily, a skilled harassment attorney at Law Firm of Gianni Karmily, PLLC. Gianni is proud to be the voice of clients who have been accused of harassment. Throughout your case, he will stand by your side, protecting your rights and fighting for your freedom. To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.
