Legal Question in Criminal Law in New York

Does talking to ones self about something in ones own apartment mean harrasment?

I was having a bad night the other nigh and was frustrated about people taking advantage of me for my living resources..I started freaking out and saying to myself that if another person takes advantage of me I'm going to break into to thier house and throw them out..I didn't mention names and it was just me blowing off steam..I'm NOT going to do something like that....A neighbor might have overheard me and I heard her talking to my next door neighbor saying ''She's going to break in, I'm A good person''..

I said to my self that I didn't say that I was going to break into her house to her or anyone else and that is not my intent..Now keep in mind that I didn't have a conversation or argumant with my neighbor and I expressed no ill intent and they were no verbal confrontations or threats levied against her in anyway..

The next morning my next door neighbor was yelling at her daughter to come inside as she is going to call the police..The police showed up and talked to her but didn't confront me..On my way out the door the cop said to my neighbor ''I'm going to put warrants on them''..

Can A cop arrest me for harrasment if my rant on breaking into a apartment was not directed at the person complaining and to no one in particular..?


Asked on 9/20/03, 10:22 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Does talking to ones self about something in ones own apartment mean harrasm

This is a difficult situation. A person's neighbors can make life difficult for them. That is why it is said, 'good fences make good neighbors'. Apartments are difficult.

The police will have difficulty reassuring your neighbor that the police can help them in this situation. You will be troubled by the police only if the neighbor tells the police that you make this threat on a regular basis. One time is not enough, unless you take actions to actually do it.

I don't know what the police were referring to when they talked about a 'warrant', but it should not be for your arrest.

You have a right to talk to yourself in your own home (provided it is not screaming through thin walls).

If the police do harass you, give me a call. This should not get far.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call (646) 591-5786 for an appointment first.

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Answered on 9/22/03, 5:32 pm


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