Legal Question in Criminal Law in New York

Harassment in the second degree - what can I expect

I arrived home at 1:45 am to find my son and his girl friend fighting (screaming at each other). I asked her to leave. My son was outside as I told him to go out back and calm down. She then physically attacked my son and fell to the ground (received injuries to her hands, elbows, ankle and cheek). She got up and continued to slap and punch my son. She was verbally and physically hostile to both myself and my son. I grabbed her by her hair and tossed her off my son and asked her to leave again. This time she did - in a friends car that had just arrived. I called 911 to report the incident. My son and I were then asked to come to the station as she had just arrived to press charges against me. She claims I punched her and tossed her to the ground with intent to hurt her. I never punched her. My son has pressed charges against her and she pressed them against me. She has previously beat on my son and he had to call the sheriff's to file a complaint (no charges). So she has a proven history of her violent behavior.

What do you see happening here. I have no record at all - neither does my son - and I doubt the girl has.

Do I have the right to protect my son? He is 20 and lives at home.


Asked on 7/25/06, 5:20 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Harassment in the second degree - what can I expect

While the most likely outcome is an 'order of protection' (neither party can come within 100 feet of the other on purpose) and an 'adjournment in contemplation of dismissal' (if there are no further interactions with the criminal justice system within 1 year, the matter is 'dismissed' (its over).

But I must urge you: NEVER interact with the criminal justice system without benefit of an attorney.

You are welcome to a consultation for no fee. Email is best to make an appointment.

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Answered on 7/27/06, 2:28 pm
W. ADAM MANDELBAUM W. ADAM MANDELBAUM

Re: Harassment in the second degree - what can I expect

in a court in the five boroughs or long island, with this type of fact pattern, and assuming no prior convictions, in a plea situation, probably nothing worse than a disorderly conduct (a violation not a crime) and maybe an order of protection for one year. Could be better. Obviously if you go to trial it works one of two ways--guilty, or not guilty.

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Answered on 7/26/06, 2:32 pm


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