Aggravated Harassment Requires the Assistance of a Strong New York criminal attorney
AGGRAVATED HARASSMENT is a far more serious charge than “harassment” in New York. Because of the potentially volatile and explosive nature of the charge prosecutors will usually ask for large sentences when trying cases of aggravated harassment. This is a felony charge that will stay on your permanent record for the rest of your life.
Sometimes relationships can sour and become antagonistic. Occasionally the situation can evolve to the degree that an aggravated harassment charge or arrest has happened. The penalties can be harsh, and no one wants a criminal conviction on their record. The lawyers at Bukh Law Firm have decades of experience in defending against harassment charges and are ready to assist.
New York’s harassment law says an individual is guilty of the offense of harassment if:
- The accused makes a communication likely to cause annoyance or alarm;
- The accused threatens to strike, kick or shove another individual;
- The accused participates in any course of alarming conduct or repeated committed acts with the intention to alarm or significantly alarm another individual.
Harassment becomes an offense that is indictable in the Fourth Degree if the defendant is on parole or probation.
When an individual is charged with harassment, the question arises whether or not the conduct was just rude and insensitive or was it prohibited harassment. The line between the two can be blurry. New York Statutes have attempted to sharpen the line with the result being that the prosecution must show that the accused made the communication for the purpose of harassment. The courts have also determined that profanity alone does not constitute the intention to harass. Courts have further determined that it is not the intent of the state statute to criminalize communications through inoffensive language at convenient hours. The court also says that considerations such as the gender, age and occupation of the person who receives the communication are relevant in making the determination if communication was severe enough to be charged with aggravated harassment.
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Aggravated Harassment in the Second Degree
Aggravated Harassment in the Second Degree is a class A misdemeanor punishable by up to twelve months in jail. While there are four distinct subsections of Aggravated Harassment, the most common which are prosecuted by District Attorneys directly related to electric, telephonic or mailed communications.
Frequently, Aggravated Harassment in the Second Degree is a piece of a larger “domestic” situation. If the accusations against the alleged harasser are pointed at a sibling, spouse, cousin, fiance or lover, then the concern gets greater for the accused. Instead of probably getting a Desk Appearance Ticket, which would mean being held for a few hours in advance of being released with a court date, law enforcement must arrest and process the accused through the system.
Obviously, if you are contacted by the police on an aggravated harassment complaint in a domestic situation, you should contact Bukh Law Firm immediately.
An attorney from Bukh Law Firm can keep the cops from questioning you as well as investigate the allegations before seeing a judge.