Aggravated Harassment in the 2nd Degree, and The Harassment Statutes

Aggravated Harassment in the 2nd Degree is not only a criminal offense, it is also a family offense that can be tried in Family Court. When potential clients come in to talk to the criminal lawyers at Jeannie D. Michalski because they have a highly charged family court case with a particularly unfriendly spouse or intimate partner, this criminal charge almost always comes up in the discussion.

The most common scenario is that the potential client’s intimate partner will start an argument over the kids or another boyfriend/girlfriend, then escalate the argument into a shouting match, hang up on the potential client, and then sit back and wait for the client to go nuts. The client will end up sending some really angry, nasty text messages, and then the intimate partner will dutifully call the police and file a charge of Aggravated Harassment in the 2nd Degree. The intimate partner will use the charge to get an Order of Protection against the client, effectively kicking him or her out of the house that (s)he pays for, and that is when we get a call.

Call the Rochester, NY Criminal Lawyers at Jeannie D. Michalski for help with a Harassment Charge. (585) 351-2500.

If we get a call because there is a criminal matter pending, we know we are probably heading to Family Court. That is because three of the five harassment statutes defined in the NYS Penal Code – including Aggravated Harassment 2nd - can also be prosecuted in Family Court if the victim is a family member of the offender, or in an intimate relationship with the offender, or has a child in common with the offender. This is just another example of how Jeannie D. Michalski’s integrated practice helps our clients. We have the criminal experience to know how to defend our clients against allegations of misconduct, and that experience carries over to Family Court.

The three penal code Harassment statutes that are also family offenses include:

Penal Code StatuteWhat is it?Penalties and Sanctions
PL § 240.25 Harassment 1st, Class B Misd.When a person repeatedly harasses another by following them in a public place, or by engaging in a course of conduct that repeatedly puts another person in reasonable fear of injury.3 months in jail or 1 year of probation, fine of up to $500 and surcharge of up to $205, DNA sample and fee of $50.
PL § 240.26 Harassment 2nd, Violation.When, with intent to harass, annoy, or alarm, a person hits or kicks another person, or attempts or threatens to do so, or follows a person around in public places, or repeatedly commits act that annoy another person and serve no legitimate purpose.15 days in jail, fine of up to $250 and surcharge of up to $125
PL § 240.30 Aggravated Harassment 2nd, Class A Misd.When a person communicates electronically or by letter with another person with intent to harass, annoy, or alarm; or when one person threatens to, attempts to, or actually strikes another person because of their race, color, religion, etc.1 year in jail or 3 years of probation, fine of up to $1,000 and surcharge of up to $205, DNA sample and fee of $50.

If you are charged with Aggravated Harassment 2nd Degree in a court near Rochester, Geneseo, Batavia, or Canandaigua, contact the criminal attorneys at Jeannie D. Michalski. We have defended clients against these charges across the Greater Rochester Area and in Livingston and Ontario Counties. Please call us at (585) 351-2500 for a free criminal consultation. We can help.