Legal Question in Criminal Law in New York

My 16 yr. old son was given an appearance ticket one day while walking home. One day after school my son was approached by his girlfriend with tears in her eyes saying that another boy of the same age has threatened to hit her & was calling her vulger names on a continuous basis ongoing now for about four yrs. My son approached the boy & said I heard that you were calling my girlfriend all sorts of nasty names and you know what I'm talking about. My son then slapped the boy in the head & caused his new ear piercing to bleed. Now the D.A. wants to bring this in the direction of a hate crime. At no time at all did my son ask/inquire on this other kids sexual preferance. How can this become a "hate crime". The charge is: Harassment 2nd, Phy. contact. 240.26 penal code


Asked on 4/21/11, 4:11 pm

3 Answers from Attorneys
Joseph Villanueva Villanueva & Sanchala, PLLC - Serving all of NYS

Harassment 2nd is not a hate crime. He may be charged with additional charges one of which may be a hate crime. Check out my site. You may find some useful information. www.villanuevalaw.com

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Answered on 4/21/11, 6:25 pm
S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

I agree with you that this is a highly defensible case. Please note that the charge is NOT a hate crime but a violation, not even a crime, in the State of New York. Please contact my office at 917-224-5497 for more helpful information. Best Wishes!

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Answered on 4/21/11, 6:26 pm
Robert Evans Robert S. Evans esq.

As it stands this is not a hate crime. The DA however after a complete investigation may find some conversation during the incident which may constitute the basis for a hate crime. Do NOT go to an interview or investigation without an attorney present. Your son's future depends upon the proper defense in this matter. You may contact my office @ 718-834-0087 for more information. Also you may visit my web -site www.nydrunkdrivingdefense.com

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Answered on 4/22/11, 8:22 am


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