Cases law on aggravated harassment

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#1 Cases law on aggravated harassment

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According to the accusatory instrument, on November 21,defendant repeatedly telephoned the complainant, Kristel Milby, at her place of employment in New York County, demanding to speak to her. He said that he would continue to call and that if she did Cases law on aggravated harassment answer he would harassmeny to her job to speak to harassmemt in person. Defendant's conduct caused Ms. Milby to fear for her safety. The Court hqrassment the defendant on his own recognizance and adjourned the case for conversion. Pursuant to People v. Shack, 86 NY2dN. The court also held that, even to the extent that it does proscribe speech, the statute Cases law on aggravated harassment not Bantam adult entertainment afoul of the First Amendment. The court relied on Paw v. Post Office Department, U. Finally, the court held that the statute was neither vague nor overbroad. As to overbreadth, the court concluded the section does not "reach a substantial amount of constitutionally protected expression. As to vagueness, the court rejected the argument that term "legitimate" contained in the clause "no purpose of legitimate communication" was incapable of precise definition. Two recent cases, however, potentially cast doubt on the continuing viability of Shack. Characterizing this statute as proscribing hwrassment speech," Golb found that it was Cases law on aggravated harassment vague and overbroad, in violation of the First Amendment, in that it "criminalizes, in broad strokes, any communication that has the intent to annoy. Even more recently, in People v. There is at least some cause to conclude that Golb and Marquan M. In Golb, the statute had the same intent element, and the court Cases law on aggravated harassment that it violated the First Amendment because it "criminalizes, in broad strokes, any communication that has the intent to annoy. It remains true...

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Attorney who will aggressively fight for your rights and treat your case with concern and compassion. Aggravated harassment in the 2nd degree-a person is charged with aggravated harassment when with with intent, harass, annoy, or threatens to harm another person. Typically in Suffolk County there is a special courtroom setup for domestic violence court. Oftentimes these charges are in those particular court rooms when it involves family members or husband and wife and or girlfriends boyfriends. Oftentimes the district attorney requires an evaluation and treatment as a plea bargain to get these charges reduced to a noncriminal offense. Oftentimes a order of protection is accompanying any charges of this nature. Oftentimes the complaint will decide not to press charges, however once the state is involved it is up to the State to determine whether they are going to pursue the case. Oftentimes even though an individual does not want to continue the charges against a loved one the State will continue the case. If the people cannot prove their case within 90 days after defense counsel announces readiness for trial the case will be dismissed as well as any order of protection. The seriousness of a harassment charge can vary depending on the situation and behavior involved. The charge can either be a simple violation, a misdemeanor or a felony. Most of the time, a plea bargain is entered that reduces the charges to a non-criminal offense and requires the accused to complete community service or undergo some type of therapeutic program or evaluation. In only rare cases does a trial take place. Behavior that can result in a harassment charge include making unwelcome comments and using the telephone or computer to harass, annoy, threaten or alarm another person. This very common charge can be reduced to a non-criminal disposition...

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Harassment charges occur when someone is put in fear of a physical injury. Based on the circumstances, these charges can have a wide range of consequences. To minimize the impact these charges have on you and your family, you need an accomplished criminal defense lawyer on your side. I am attorney Luke Scardigno, and I have the legal skills and a deep understanding of New York criminal law that you need when you are charged with a crime. Through my more than 25 years of practice, I have focused only in the area of criminal law so that I can provide clients with focused and efficient representation. In New York, there are many different factors that are considered when charging someone with harassment. Because I have an in-depth understanding of these factors, I can explain important aspects of your case such as the following:. I give my clients the direct, personal attention from a lawyer that they need when going through difficult situations such as being charged with a crime. I will work tirelessly, both during and after your case, to help you return your life as close as possible to the way it was before your arrest. To schedule a free consultation with a harassment defense attorney, call the Law Office of Luke Scardigno at , or fill out my online contact form. My office is conveniently located just across the street from the Queens County Criminal Courthouse. My fees are reasonable, and payment plans are available so that you can get the representation you deserve in a way that fits your situation. Please enter a valid E-mail address or Phone number to contact you. Please verify that you have read the disclaimer. The use of the Internet or this form for communication with the firm or any individual...

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Cases law on aggravated harassment

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Aug 31, - New York criminal laws covering harassment and aggravated harassment charges leave plenty of room for interpretation. Not all cases involve. May 13, - So holds New York's highest court in today's Raphael Golb / Dead Sea Scrolls case. this Court struck down a similar harassment statute, former Penal Law § Is that aggravated harassment with respect to the victim. May 20, - Aggravated Harassment in the Second Degree Declared Family Law and divorce practitioners frequently see family law cases involving a.

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