Aggravated Harassment in the Second Degree
Unwelcome actions taken against another person, whether intentionally or unintentionally, are considered harassment and a crime. A harassment victim feels uneasy, irritated, or concerned for his or her safety. When someone intentionally intimidates or terrorizes another person, it is known as aggravated harassment. Calls, emails, physical threats, or a combination of these actions and other behaviors are frequently the subject of criminal allegations that result in an arrest. Whether the charges are deemed to be of the first or second degree will determine the punishment.
New York Aggravated Harassment in the Second Degree Attorney
If you have been arrested for aggravated harassment in New York, having an attorney who knows how to navigate both the legal and personal aspects of a case is paramount. Thankfully, criminal defense lawyer Stephanie Selloni at Law Office of Stephanie Selloni has handled countless cases arising from domestic disputes and can protect your rights.
Call Law Office of Stephanie Selloni to schedule a free consultation with attorney Selloni. She represents clients on Long Island in Garden City, Glen Cove, Mineola, and throughout Nassau and Suffolk County.
Information Center
- Aggravated Harassment In The Second Degree
- Examples of Aggravated Harassment In The Second Degree
- Proving Intent
- Offenses Related To Aggravated Harassment In The Second Degree
- Sentencing For Aggravated Harassment In The Second Degree
- Possible Defenses In An Aggravated Harassment Case
- Additional Resources
Aggravated Harassment In The Second Degree
Second-degree aggravated harassment is the less serious variation. This might involve persistently calling, texting, or emailing a different person even after the victim has asked the offender to stop. Usually, the offender acts intending to give the victim a sense of unease or danger. It may also involve some physical contact, such as pushing or striking, or simply the threat of doing so.
It’s important to note that even if there is no conversation, making a call alone can be considered second-degree aggravated harassment. If someone physically contacts to harass another person because of their personal belief or perception about that person’s race, color, creed, religion, age, disability, sexual orientation, or gender, they could also be charged with second-degree aggravated assault. Even if there is no actual physical contact, the attempt to make it is still illegal. In New York, aggravated harassment in the second degree is a class A misdemeanor.
The most serious type of harassment is considered to be first-degree aggravated harassment. Although it frequently involves the same kinds of actions as the second-degree category, it may be classified as a first-degree if the person facing charges has previously been found guilty of a second-degree form of harassment.
Examples of Aggravated Harassment In The Second Degree
During a bad breakup, someone calls an ex-boyfriend or ex-girlfriend thirty times. Someone “threatens” a former roommate with numerous texts demanding they prepay the rent money owed. A person doesn’t mean to hurt someone physically when they push or even kick a former coworker, but they still get bruised. These acts can be classified as aggravated harassment.
Proving Intent
To be found guilty of aggravated harassment, the person must have the intention to harass, annoy, threaten, or alarm another person. If the police can establish probable cause to do so, a person can be arrested and charged. If the prosecutors demonstrate this intent beyond a reasonable doubt, the defendant can be found guilty of the crime.
Offenses Related To Aggravated Harassment In The Second Degree
Criminal contempt is one of the crimes that is perhaps most frequently charged alongside aggravated harassment. Because these cases frequently involve a boyfriend/girlfriend or spouses, there is frequently an existing order of protection from a criminal court or the New York State Family Court. When this occurs, an arrest and charge for aggravated harassment would typically be followed by a charge for contempt because the new alleged crime would also constitute a violation of the existing order of protection.
Sentencing For Aggravated Harassment In The Second Degree
If physical force was used, the victim was singled out because of his or her beliefs, way of life, age, or other discriminatory characteristics, and the sentence may be more severe. The seriousness of the crime, whether it was committed in the first or second degree, and whether it was a repeat offense are all important considerations in sentencing.
A sentence of up to a year in jail is permissible under New York’s penal code for a second-degree aggravated harassment conviction.
Possible Defenses In An Aggravated Harassment Case
The details of the charges have a direct impact on defenses. Some questions to ask:
- Is there a video that supports the defense or refutes the complainant’s claims?
- Were there witnesses?
- Is there documented evidence to support the defense and undermine the prosecution’s case?
- How reliable are witnesses if the crime occurred on the internet, phone, or another form of electronic communication?
Intent is crucial. If the acts were not done intentionally, the defendant may have a defense. Proving intent can be easy if the messages are recorded or in writing. However, if the conversation happened over the phone, it may become a matter of the victim’s word versus the defendant’s word.
Additional Resources
New York State Senate Legislation – Follow the link provided to visit the New York State Senate Legislation website which provides the legal definition of section 240.30, Aggravated harassment in the second degree. It lists all elements and actions classified as aggravated harassment under the New York penal code.
Women’s Law: Aggravated Harassment – Women’s Law is a non-profit site that provides legal information for New York survivors, regardless of gender. It provides details of the acts that are considered aggravated harassment in the second degree versus acts that are considered first-degree aggravated harassment.
Garden City Aggravated Harassment In The Second Degree Attorney | Nassau County, NY
If you were charged with aggravated harassment in the second degree in Garden City, NY, you must have strong legal representation on your side. The legal team at Law Office of Stephanie Selloni has years of experience representing individuals throughout their criminal cases. Violent offenses are very serious and can result in years of prison time, overwhelming fines, and a cumbersome permanent criminal record.
Attorney Stephanie Selloni defends clients in the Long Island communities of Central Islip, Hicksville, Riverhead, and across Nassau and Suffolk County. Call (516) 972-1212 to schedule a free consultation with Law Office of Stephanie Selloni today.