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14th April 2010
By risubrastogi2 in Criminal Law
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New York State Penal Law defines the Offenses Against Public Order. Section 240.25 of the New York State Penal Law defines the crime of Harassment in the First Degree as follows:

A person is guilty of Harassment in the first degree when he or she:

* intentionally, and
* repeatedly
* harasses another person, by doing one of the following:

* following such person in a public place OR
* engaging in a course of conduct OR repeatedly committing acts which places such person in reasonable fear of physical injury

Harassment in the first degree is a class B misdemeanor punishable by up to 3 months in Jail, which is usually on Rikers Island for New York City residents.

A "complaining witness" (also known as "the victim") may allege that the harassment stems from emails, text messages, letters, phone calls, voice-mails and other forms of communication. If so, the police will arive and take the alleged offender to Central Booking.

At this point, it is essential that you retain the services of a criminal defense attorney who understand exactly what happened and your true intent at the time of the incident. Generally, an isolated event can be viewed somewhat differently from a pattern of continuous violations.

The terms used in the New York State Penal Law have their own special meaning provided to them by law. I will describe them below:

Public Place: A place in which the public or a substantial group of people have access, and includes, but is not limited to highways, transportation facilities, schools, places of amusement, playgrounds, hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.

Physical Injury: Impairment of physical condition or substantial pain.

Intentionally: A person acts intentionally when he or she’s conscious objective or purpose is to do so.

If you or you loved one has been arrested, and is either at Central Booking or Rikers Island facing a harassment charge, and looking to hire a New York criminal defense lawyer, please contact Storobin & Spodek LLP law firm at (212) 748-9243.
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