Harassment Lawyer New York, NY
An arrest on a harassment charge in New York can be an unsettling experience, particularly if you are unsure of what the allegations mean or how the legal process works. Harassment charges under the New York Penal Law cover a range of conduct, from physical contact to repeated unwanted communication. A conviction can result in a permanent criminal record, potential jail time, and an order of protection that restricts your movements and contact with others. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys represent clients facing harassment charges in New York City and across the state. Our firm, founded in 1997, concentrates on criminal defense and works to protect your record and your freedom. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Harassment Charges Mean in New York
The New York Penal Law defines several offenses related to harassment. The most commonly charged is Harassment in the Second Degree under New York Penal Law § 240.26. This is a violation-level offense, not a crime, but it still carries consequences including a potential sentence of up to fifteen days in jail. The statute covers actions like striking, shoving, or kicking another person, or engaging in a course of conduct that serves no legitimate purpose and seriously annoys or alarms someone.
More serious charges include Aggravated Harassment in the Second Degree, a Class A misdemeanor, which is often charged when the alleged conduct involves communication through phone, mail, or electronic means in a manner likely to cause annoyance or alarm. New York County (Manhattan) courts, including the New York County Supreme Court at 60 Centre Street, handle these matters daily. A conviction for a misdemeanor harassment charge can lead to up to a year in jail. The specific facts of the allegations, the relationship between the parties, and any prior history will influence how the prosecutor’s office handles the case. For many first-offense situations, an Adjournment in Contemplation of Dismissal (ACD) is a potential disposition where the charges are adjourned for a period of six to twelve months and then dismissed if the accused avoids further legal trouble.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Harassment Cases
Our approach to representing clients on harassment charges begins with a careful review of the accusatory instrument. We examine what the complainant alleges was said or done and evaluate whether the facts, even if accepted as true, meet each element of the charged offense under the New York Penal Law. Many harassment allegations arise from heated personal disputes, and the legal line between a petty conflict and a criminal act is not always clear. We work to identify viable legal defenses, such as a lack of intent to harass or a legitimate purpose for the communication at issue.
We also focus on procedural and strategic options that can resolve a case favorably. In addition to seeking a dismissal of the charges, we explore whether a negotiated resolution, such as an ACD, is appropriate. For our clients, the goals often extend beyond the criminal case itself to include avoiding a criminal record and managing any related family or civil court proceedings. Mr. Sris and the firm’s Of Counsel attorneys appear in criminal courts throughout New York, including the NYC Criminal Court in Manhattan and the Supreme Court for felony matters. We work to achieve a resolution that allows you to move forward without a conviction. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder
Mr. Sris is a former prosecutor who founded Law Offices Of SRIS, P.C. in 1997. His background gives him a practical understanding of how the state builds its cases, and he uses that knowledge to construct a thorough defense for his clients. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His multi-state experience informs the firm’s approach to serving clients in New York.
Experienced Of Counsel Attorneys
The firm’s Of Counsel attorneys bring extensive combined legal experience to every matter. Each Of Counsel attorney is an experienced practitioner who contracts directly with the firm, contributing to a deep bench of legal knowledge without any associate or partner structure. This means when we represent you on a harassment charge, you benefit from a collaborative team approach. Mr. Sris and the firm’s Of Counsel attorneys draw on decades of courtroom experience to handle your case with care and attention to detail.
Frequently Asked Questions
Is harassment a crime in New York?
Harassment in the first degree is a Class B misdemeanor, while second-degree harassment is a violation, not a crime. This distinction matters for your record. A violation can still result in jail time and a permanent record, but it is not classified as a criminal conviction in the same way a misdemeanor is. Aggravated harassment charges are more serious and can be charged as misdemeanors or felonies depending on the specific allegations, such as those involving physical injury or a threat of serious harm.
What happens when I am arrested for harassment in New York County (Manhattan)?
You will typically be fingerprinted, photographed, and issued a Desk Appearance Ticket (DAT) or held for arraignment depending on the charge and your history. For a violation-level harassment charge, you may be released with a DAT and given a future court date. For a misdemeanor aggravated harassment charge, the police may hold you for arraignment before a judge within twenty-four hours. At arraignment, the judge will set conditions of release, which may include an order of protection. The New York County Supreme Court and NYC Criminal Court at 60 Centre Street handle these proceedings. You should request to speak with an attorney before making any statements.
Can a harassment charge be dropped in New York?
Yes, harassment charges are frequently resolved through dismissal or an Adjournment in Contemplation of Dismissal (ACD), particularly for first offenses. An ACD is not a conviction. The case is adjourned for a set period, typically six or twelve months. If you are not arrested again during that time, the case is automatically sealed and dismissed. A prosecutor may also agree to dismiss the charge outright if the evidence is weak or the complaining witness is uncooperative. An experienced defense attorney can evaluate the case and seek the most favorable outcome. Results may vary.
Does an order of protection get issued in a harassment case?
Yes, a judge will routinely issue a temporary order of protection at the arraignment in a harassment case involving a known complainant. This order can restrict your contact with the alleged victim and may even bar you from your home. A permanent order of protection can be issued if the case results in a conviction. The length of a final order can vary; it is determined by the sentencing judge. We help clients navigate the conditions of these orders and work to resolve the case in a way that minimizes their impact.
Do I need a lawyer for a harassment charge in New York?
You are not required to hire a lawyer, but representing yourself puts you at a significant disadvantage against an experienced prosecutor. Even a violation-level charge can lead to jail time and a record that shows up on background checks. An attorney can identify legal deficiencies in the complaint, negotiate with the prosecutor for a favorable plea or an ACD, and advocate for your release or the modification of bail conditions at your first court appearance. For a consultation on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Our firm also serves clients in other New York localities. You can find more information on our representation for criminal matters here:
New York County (Manhattan) Criminal Lawyer | Kings County (Brooklyn) Criminal Lawyer | Queens County (Queens) Criminal Lawyer | Nassau County (Long Island) Criminal Lawyer
For authoritative information on New York criminal procedure, you may visit the following resources: New York County Supreme Court and New York State Penal Law.
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