Westchester County Harassment Lawyer

NEW YORK PENAL LAW 120 & 240

Harassment and assault charges in New York can range from a physical scuffle to electronic stalking. All of these charges are serious, and if you’re accused of assault, harassment, stalking, menacing, or reckless endangerment, you could face jail time. These cases require the experience and tenacity of a knowledgeable Westchester County harassment attorney. Internet bullying and harassment has increased as technology advances. Once a text, image, or email is sent from a phone, it becomes a permanent record, but it is not always easy to prove precisely who sent the message.

Sometimes, harassment charges are correct and sometimes they are not, either way, you need the help of an experienced lawyer to help you understand the charges against you and what options might be available. You need an aggressive defense while making sure that your constitutional rights are protected. Whether you have been charged with electronic harassment or an in-person assault, take measures to ensure you’re protected. Contact the law firm of Kimberly Pelesz New York Law, LLC for help.

HARASSMENT CHARGES IN NEW YORK

Everyone reacts differently to rejection or the end of a relationship. Some people take it as a personal affront, get depressed and may even require counseling; others bounce right back and quickly start dating new people. A third group, however, may turn bitter, angry or even obsessed. Of those people, a tiny percentage express their bitterness and anger in an illegal or even dangerous manner. They stalk, harass, and otherwise bother, bully, or intimidate their ex-partners, and in New York, that constitutes illegal harassment.

In New York, a harassment charge doesn’t necessarily mean that you harmed another person but it does mean that you placed them in fear. This is illegal, regardless of how it occurred. When you make someone fear for their safety, the punishment is strict.

Often, what begins as harmless fun can escalate into a serious legal incident. Our clients come from a variety of backgrounds, and we are determined to build a defense that brings each client’s case to its best possible resolution.

New York classifies harassment in different types, such as assault in the first degree and in the second degree. Different categorizations receive different penalties. New York recognizes and prosecutes a number of assault and harassment charges including:

  • Assault in the Third Degree which is covered by Penal Law 120 and charged as a Class A Misdemeanor
  • Assault in the Second Degree which is covered by Penal Law 120.05 and charged as a Class D Felony
  • Assault in the First Degree which is covered by Penal Law 120.10 and charged as a Class B Felony
  • Menacing in the Third Degree which is covered by Penal Law 120.15 and charged as a Class B Misdemeanor
  • Menacing in the Second Degree which is covered by Penal Law 120.14 and charged as a Class A Misdemeanor
  • Menacing in the First Degree which is covered by Penal Law 120.13 and charged as a Class E Felony
  • Reckless Endangerment in the Second Degree which is covered by Penal Law 120.20 and charged as a Class A Misdemeanor
  • Reckless Endangerment in the First Degree which is covered by Penal Law 120.25 and charged as a Class D Felony
  • Stalking in the Fourth Degree which is covered by Penal Law 120.45 and charged as a Class B Misdemeanor
  • Stalking in the Third Degree which is covered by Penal Law 120.50 and charged as a Class A Misdemeanor
  • Stalking in the Second Degree which is covered by Penal Law 120.55 and charged as a Class E Felony
  • Stalking in the First Degree which is covered by Penal Law 120.60 and charged as a Class D Felony
  • Disorderly Conduct which is covered by Penal Law 240.20 and charged as a Violation
  • Harassment in the Second Degree which is covered by Penal Law 240.26 and charged as a Violation
  • Harassment in the First Degree which is covered by Penal Law 240.25 and charged as a Class B Misdemeanor
  • Aggravated Harassment in the Second Degree which is covered by Penal Law 240.30 and charged as a Class A Misdemeanor
  • Aggravated Harassment in First Degree which is covered by Penal Law 240.31 and charged as a Class E Felony

Each of these charges carries different penalties. For example, first degree harassment is described as intentionally or repeatedly harassing another person by following them in a public place or conducting yourself in a way that places another person in reasonable fear of physical injury. This is a B Misdemeanor charge that can carry up to 90 days in jail. Harassment in the second degree is defined as acting with the intent to annoy, threaten, or alarm another person, communicating in a way to cause annoyance or alarm, harming another person because of their race, color, national origin, or religion. This is classified as an A Misdemeanor charge and New York laws indicate a potential sentence of up to 1 year in jail.

Aggravated harassment in the second degree occurs when a person intentionally acts to harass, threaten, annoy or alarm another person, using a telephone, telegraph, the mail or any form of written communication, including electronic means. Aggravated harassment in the first degree occurs when a defendant damages property used for religious purposes or if the defendant has been convicted of aggravated harassment involving physical violence in the last 10 years and is now facing his or her second charge.

If you are charged with harassment in the Peekskill area, along with your right to remain silent, don’t speak with your ex-partner, either. Harassment is a charge filed by the state, so your ex cannot stop the legal process or “drop” the charge. Moreover, any talking about the case with your ex-partner could be construed as witness tampering, another crime you want entirely to avoid. In fact, if you are accused of harassment or aggravated harassment in the Peekskill area, speak only to an experienced Peekskill criminal defense lawyer, and make the call immediately.

The precise charge will hinge on the particulars of the alleged harassment. If you are charged with harassment, it might simply have been a misunderstanding, or you could be the target of false charges. If you’re facing any assault or harassment charge, now or in the future, let an experienced Westchester County harassment attorney represent you. With offices in Peekskill and Poughkeepsie, Kimberly Pelesz New York Law, LLC serves clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how a Westchester County harassment attorney can help you fight an assault or harassment charge, email us or call us promptly at (914) 214-9335.

 

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