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.

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.