Author:The Law Offices of Scott J. Limmer
New York and Long Island Criminal Defense Attorneys
Under the statutes in the state of New York, you can be charged with harassment for engaging in a course of conduct or committing acts that place a person in reasonable fear of physical injury. This can include intentionally and repeatedly following someone in a public place, and is known as harassment in the first degree. If the harassment escalates, you may find yourself charged with harassment in the second degree, as set forth in Section 240.26 of the New York criminal code.
This blog addresses those situations where first or second degree harassment is determined to be “aggravated harassment.”
Aggravated Harassment in the Second Degree
Aggravated harassment in the second degree, a Class A misdemeanor, occurs when a person intentionally acts to harass, threaten, annoy or alarm another person, using a telephone, telegraph, the mail or any form of written communication, including electronic means. Simply making a call, even if no conversation takes place, can constitute aggravated harassment in the second degree. You can also be charged with second degree aggravated assault for striking, shoving, kicking or otherwise physically contacting another person because of a belief or perception about that person’s race, color, creed, religion, age, disability, sexual orientation or gender. An attempt to make physical contact is also a violation of the law, even if no contact is made.
You can also be charged with second degree aggravated harassment if you commit the crime of harassment in the first degree, and have a prior conviction for first degree aggravated harassment in the last 10 years.