In this article, we’ll explore what constitutes harassment under New York law, the legal framework in place, and what individuals can do if they find themselves facing harassment charges.
What Constitutes Harassment?
According to New York criminal law, harassment generally refers to behavior intended to annoy, alarm, or distress another person. Key forms of harassment include:
- Verbal Harassment: This includes offensive, threatening, or abusive language aimed at another individual. It may involve derogatory comments, threats of violence, or other forms of verbal abuse.
- Physical Harassment: This involves unwanted physical contact or threats of harm. It can range from minor physical confrontations to more severe acts of violence.
- Cyber Harassment: With the rise of digital communication, harassment via email, social media, or text messages has become increasingly prevalent. This includes cyberbullying and stalking conducted through electronic means.
Legal Framework in New York
Under New York Penal Law, harassment is categorized into different degrees based on the severity and nature of the conduct:
- Harassment in the Second Degree (PL § 240.26): This is a violation and includes behaviors like following someone with the intent to harass or using abusive language.
- Harassment in the First Degree (PL § 240.25): This is a B Misdemeanor and involves more serious conduct, such as repeatedly committing harassment or engaging in physical contact with the intent to harm.
- Aggravated Harassment in the Second Degree (PL § 240.30): This is a A Misdemeanor and involves even more serious and repeated conduct, such as committing the crime of harassment in the first degree again after having been previously convicted of the crime of harassment in the first degree
- Aggravated Harassment in the First Degree (PL § 240.31): This is a Class E felony, which is more severe than other forms of harassment. This offense is committed when a person engages in specific types of conduct such as making threats based on a person’s race, religion, national origin, sexual orientation, gender, or disability.
What to do if you are facing Harassment charges
If you’re facing harassment charges, it’s crucial to understand the possible defenses available to you.
Here are some common defenses to harassment charges in New York:
1. Lack of Intent
If you can demonstrate that there was no intent to cause such effects—perhaps because the behavior was accidental or misunderstood—this may constitute a valid defense.
2. False Allegations
If you believe that the harassment charges are based on false allegations, you will need to present evidence to refute the claims. This could involve demonstrating that you were not involved in the alleged conduct, that the accuser has a motive to lie, or that the accusations are unfounded.
3. No Pattern of Behavior
For harassment charges, especially those involving a course of conduct, it’s important to show that there was no persistent pattern of behavior. Providing evidence that the actions were one-time incidents rather than ongoing harassment can be crucial.
Conclusion
Defending against harassment charges in New York requires a clear understanding of the legal definitions, the nature of the allegations, and the applicable defenses. Each case is unique, and the best defense strategy will depend on the specifics of the situation. If you are facing harassment charges, consulting with a skilled criminal defense attorney is crucial.
At The Law Office of Yifei He PLLC, our lawyer has years of experience helping clients overcome a wide range of criminal charges. With our attorney by your side, you can navigate this process with efficiency and confidence.
Request your initial consultation by calling 1 (917) 338-7678 or sending us an online message today.