When domestic violence is mentioned in the media, the crime involved is typically a violent assault that left the victim with serious injuries or even murder. However, domestic violence does not always include heinous crimes such as assault, murder or rape. Those who abuse their husbands, wives, girlfriends, boyfriends, partners, or roommates sometimes commit crimes that do not result in the victim suffering a physical injury. The crime of harassment, for example, sometimes involves simply repeatedly bothering or annoying another person by making unwanted phone calls, sending emails, or mailing letters to the other person with the intent of annoying or harassing that person. While harassment is a type of domestic violence that is less serious than assault, strangulation, stalking and many other types of domestic violence, if you are convicted of harassment you could end up in jail. Thus, if you have been charged with harassment stemming from an incident related to a domestic disturbance it is vital that you immediately contact an experienced Westchester County Domestic Violence and Harassment Lawyer who will explain to you your legal rights and who will work closely with you to fight the charge.
If you annoy, provoke, threaten, or in some other way cause another person emotional distress you may have committed a crime. Simply annoying someone may seem may seem minor and harmless. However, you should understand that such behavior may amount to a crime. There are three possible harassment charges that you could face: harassment in the second degree, harassment in the first degree, and aggravated harassment. Harassment in the second degree is the least serious harassment offense. In fact, is not considered a crime, but a violation. Harassment in the first degree and aggravated harassment in the second degree are both misdemeanors.
Harassment in the second degree. You will face this charge if you intend to harass, annoy, or alarm another person and you:
It is a violation. N.Y. Pen. Law § 240.36.
Harassment in the first degree. You will face this charge if you repeatedly follow someone in a public place or engage in a course of conduct that places another person in fear of physical injury. It is a Class B misdemeanor. N.Y. Pen. Law § 240.25.
Aggravated harassment in the second degree. This part of the New York harassment statute is often referred to as the phone harassment statute. While there are 4 types of conduct that can lead to an aggravated harassment in the second degree charge, the 2 types of conduct that most often lead to being charged with this offense involve telephone communication. You will face this charge if you intend to harass, annoy, or alarm another person and you:
Aggravated harassment in the second degree is a Class A misdemeanor. N.Y. Pen. Law § 240.30
Consequences of a harassment convictionBecause harassment does not result in a physical injury to the victim, the punishment for harassment are relatively mild. In fact, because harassment in the second degree is a violation and not a misdemeanor or felony, the only punishment that you will receive is a fine. Harassment in the first degree and aggravated harassment in the second degree are misdemeanors. If you are convicted there is a good possibility that you will not have to spend much if any time in jail. Instead, you may be sentenced to just probation and a fine.
Prison and Fines
Because harassment in the first degree and aggravated harassment are misdemeanors there is a good chance that all or part of your sentence will include probation. The term of probation for a Class B misdemeanor is 1 year and for a Class A misdemeanor is 3 years. If your sentence includes both jail and probation you will serve your probation term concurrently with your jail term. For example, if you are convicted of harassment in the first degree and are sentenced to jail for 30 days as well as probation, while you are in jail you will also be on probation. Once you are released from jail you will have to serve the balance of your probation term which would be 1 year minus 30 days.
While probation is preferable to being incarcerated you should beware that some find probation to be quite challenging because of the rules that you will be required to follow. For the entire time that you are on probation you will be required to follow strict rules that are designed to help prevent you from committing another crime. If you break any of these rules there are severe consequences. The court will design a set of rules specifically for you. Typical rules include:
In the case of People v. Brandel, 924 N.Y.S.2d 311 (2011), the defendant was sentenced to probation. However, the court found out that Brandel violated the terms of his probation by possessing a pellet gun. As a result the judge revoked Brandel's probation and resentenced him to a 30-day jail term.
Long-Term ConsequencesWhile harassment in the first degree and aggravated harassment in the second degree are both misdemeanors, they are still crimes. This means that if you are convicted you will have a criminal record. Unfortunately, having a criminal record may negatively impact some aspects of your life for a long time after you complete your jail term, complete your probation, or pay your fine. For example, you may experience some difficulties finding a job as many employers will resist hiring someone with any type of criminal record even if the offense was just a misdemeanor.
While the crime of harassment is only a misdemeanor, it is still a crime. If convicted you may be sent to jail and you will have criminal record. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who have been charged with harassment, domestic violence, as well as other criminal offenses such as menacing, assault, reckless endangerment, strangulation, stalking, and child endangerment. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of domestic violence in the following locations: