Aggravated harassment in the 2nd degree-a person is charged with aggravated harassment when with with intent, harass, annoy, or threatens to harm another person. Misdemeanor charge. Typically in Suffolk County there is a special courtroom setup for domestic violence court. Oftentimes these charges are in those particular court rooms when it involves family members or husband and wife and or girlfriends boyfriends. Oftentimes the district attorney requires an evaluation and treatment as a plea bargain to get these charges reduced to a noncriminal offense. Oftentimes a order of protection is accompanying any charges of this nature. Oftentimes the complaint will decide not to press charges, however once the state is involved it is up to the State to determine whether they are going to pursue the case. Oftentimes even though an individual does not want to continue the charges against a loved one the State will continue the case. The way to get around this is if there are no other witnesses and if the State's case is dependent upon only the complaint as a witness is to announce readiness for trial. If the people cannot prove their case within 90 days after defense counsel announces readiness for trial the case will be dismissed as well as any order of protection.
The seriousness of a harassment charge can vary depending on the situation and behavior involved. The charge can either be a simple violation, a misdemeanor or a felony. The consequence of being convicted of harassment ranges from a fine to a criminal record with probation and/or jail time. Most of the time, a plea bargain is entered that reduces the charges to a non-criminal offense and requires the accused to complete community service or undergo some type of therapeutic program or evaluation. In only rare cases does a trial take place.
Behavior that can result in a harassment charge include making unwelcome comments and using the telephone or computer to harass, annoy, threaten or alarm another person. This very common charge can be reduced to a non-criminal disposition if negotiated correctly. The prosecutor usually requests an Order of Protection on behalf of the victim, and the continuance of the order is usually made a condition of the plea unless the victim expressly requests otherwise.
A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:
A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury. Harassment in the first degree is a class B misdemeanor.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
Aggravated harassment in the second degree is a class A misdemeanor.
A person is guilty of aggravated harassment in the first degree when with intent to harass, annoy, threaten or alarm another person, because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct, he or she:
Aggravated harassment in the first degree is a class E felony.
We strongly recommend calling Shawn Kassman or a member of our legal team at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. We are available 24 hours a day, 7 days a week and represent clients located in Central Islip (main office location), Holtsville (office location), Bayshore, Brentwood, Oakdale, Sayville, Port Jefferson and Riverhead and both Suffolk and Nassau counties.
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