Legal Question in Criminal Law in New York

Re: harassment in the second degree

Here is the legal definition of Harassment 2d:

S 240.30 Aggravated harassment in the second degree.

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:

1. Either (a) communicates with a person, anonymously or otherwise, by

telephone, or by telegraph, mail or any other form of written

communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic

means or otherwise with a person, anonymously or otherwise, by

telephone, or by telegraph, mail or any other form of written

communication, in a manner likely to cause annoyance or alarm; or

2. Makes a telephone call, whether or not a conversation ensues, with

no purpose of legitimate communication; or

3. Strikes, shoves, kicks, or otherwise subjects another person to

physical contact, or attempts or threatens to do the same 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; or

4. Commits the crime of harassment in the first degree and has

previously been convicted of the crime of harassment in the first degree

as defined by section 240.25 of this article within the preceding ten

years.

Aggravated harassment in the second degree is a class A misdemeanor.

It carries a penalty of an unconditional discharge; conditional discharge; up to three years probation with a potential special condition of up to 60 days in jail; or no probation and up to 1 year in jail; and finally a fine of 0-$1000 or any permissible combination.

In other words, get a good criminal lawyer.

Good luck

Re: harassment in the second degree

Although my colleague is correct, there is a big difference between "harassment" and "aggravated harassment". His answer described "aggravated harassment" which is a much more serious offense. If your appearance ticket or information does not say "aggravated" you are in much better shape. Here's the info on simple harassment:

�240.26 Harassment In The Second Degree

A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:

1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or

2. He or she follows a person in or about a public place or places; or

3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

The sentencing possibilities are:

A definite sentence of imprisonment of up to 15 days. Penal Law 60.01(3)(a) and 70.15(4).

Intermittent imprisonment for any term that could be imposed as a definite sentence, if the court is not imposing any other sentence of imprisonment upon the defendant at the same time, and if the defendant is not under any other sentence of imprisonment having a term in excess of 15 days imposed by any other court. Penal Law 60.01(2)(a)(ii) and 85.00.

Conditional discharge for 1 year, if the Court having regard to the nature and circumstances of the offense and to the history, character and condition of the defendant, is of the opinion that neither the public interest nor the ends of justice would be served by a sentence of imprisonment and that probation supervision is not appropriate. Penal Law 60.01(2)(a)(i) and 65.05.

A fine of up to 250 dollars or double the defendant's gain from the crime may be imposed by itself or in addition to imprisonment, intermittent imprisonment, probation, or conditional discharge. Penal Law 60.01(2)(c), 60.01(3)(b), 60.01(3)(c), and 80.05

Unconditional discharge if the court is of the opinion that no proper purpose would be served by imposing any condition upon the defendant's release. Penal Law 60.01(3)(d) and 65.20(1).

If a victim is seeking restitution or reparation, the court must consider ordering it, and if not ordered, the court must state its reasons on the record. If restitution is ordered, the amount will be increased by a 5 percent surcharge that goes to the collection agency. Penal Law 60.27(1); CPL 420.10(8).

The defendant must pay a mandatory surcharge of 75 dollars (or 80 dollars if the proceeding is in a town or village court) and a crime victim assistance fee of 20 dollars, unless restitution or reparation has been made. Penal Law 60.35(1), (6), and (9). A town or village court may, and all other courts shall, issue a summons directing the defendant to appear in court in 60 days if the mandatory surcharge remains unpaid. Penal Law 60.35(8).