Aggravated Harassment Attorney
Aggravated Harassment Defense Attorney in Suffolk County, New York
Being charged with aggravated harassment in Suffolk County is a serious matter that can result in criminal conviction, jail time, fines, and a permanent criminal record. These charges often arise from misunderstandings, emotional disputes, or situations where intent is misinterpreted. Attorney Michael Brown is Suffolk County’s most experienced aggravated harassment defense lawyer, with a proven track record of protecting clients’ rights and achieving favorable outcomes in these complex cases.
Understanding Aggravated Harassment Under New York Law
Aggravated harassment is codified under New York Penal Law Section 240.30 and encompasses various forms of intentional conduct designed to harass, annoy, threaten, or alarm another person. The law recognizes two degrees of aggravated harassment, each with distinct elements and penalties.
Aggravated Harassment in the Second Degree
Aggravated Harassment in the Second Degree is defined under New York Penal Law § 240.30 and is a Class A misdemeanor. A person commits this offense when, with intent to harass, annoy, threaten, or alarm another person, they:
Communication-Based Harassment: Communicate with a person, anonymously or otherwise, by telephone, computer, or any other electronic means, in a manner likely to cause annoyance or alarm. This includes:
- Making repeated telephone calls with no legitimate purpose
- Sending threatening or harassing text messages
- Making harassing communications through social media
- Sending threatening emails or electronic messages
Telephonic Harassment: Strike, shove, kick, or otherwise subject another person to physical contact, or threaten to do the same, because of the person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation.
Bias-Related Harassment: A person commits aggravated harassment when they strike, shove, kick, or otherwise subject another person to physical contact, or threaten to do so, because of a belief or perception regarding the victim’s race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation, regardless of whether the belief or perception is correct.
Communication After Warning: Make a telephone call with no legitimate purpose of communication, whether or not a conversation ensues.
Causing Communication Device to Ring: Cause a telephone or other communication device to ring repeatedly with intent to harass.
Aggravated Harassment in the First Degree
Aggravated Harassment in the First Degree, under New York Penal Law § 240.31, is a Class E felony. This more serious charge applies when a person commits aggravated harassment in the second degree and has been previously convicted of aggravated harassment in the second degree within the preceding ten years.
Additionally, a person may be charged with aggravated harassment in the first degree when they:
Etching or Drawing Hateful Symbols: Etch, paint, draw upon, or otherwise place a swastika, noose, or any other symbol commonly associated with hatred toward a particular group on property without permission, with intent to harass, annoy, threaten, or alarm.
Bias-Motivated Harassment with Prior Conviction: Commit the crime of aggravated harassment in the second degree and have previously been convicted of the same offense within the past ten years.
Related Harassment Offenses
While not technically “aggravated harassment,” New York also prosecutes Harassment in the Second Degree under Penal Law § 240.26, which is a violation (not a crime). This occurs when a person:
- Intentionally strikes, shoves, kicks, or otherwise subjects another to physical contact with intent to harass, annoy, or alarm
- Follows a person in a public place
- Engages in a course of conduct that serves no legitimate purpose and causes alarm or annoyance
However, aggravated harassment charges are more serious and carry criminal penalties rather than violation-level consequences.
Penalties and Consequences of Aggravated Harassment Convictions
Aggravated Harassment in the Second Degree (Class A Misdemeanor)
A conviction for aggravated harassment in the second degree carries:
- Jail Time: Up to one year in county jail
- Probation: Up to three years of probation as an alternative to or in addition to jail time
- Fines: Up to $1,000
- Criminal Record: A permanent criminal conviction on your record
- Order of Protection: The court may issue an order of protection prohibiting contact with the victim
- Immigration Consequences: For non-citizens, a conviction may result in deportation or inadmissibility
Aggravated Harassment in the First Degree (Class E Felony)
A conviction for aggravated harassment in the first degree carries significantly more serious penalties:
- Prison Time: Up to four years in state prison
- Probation: Up to five years of probation
- Fines: Substantial fines and court fees
- Permanent Felony Record: A felony conviction that affects employment, housing, voting rights, and firearm possession
- Enhanced Penalties: Hate crime enhancements may apply in certain circumstances
- Order of Protection: Long-term or permanent orders of protection
- Professional Licensing: Loss of professional licenses or disqualification from certain careers
Common Scenarios Leading to Aggravated Harassment Charges
Aggravated harassment charges frequently arise from various situations, including:
Domestic Disputes
Many aggravated harassment cases stem from disputes between current or former romantic partners, spouses, or family members. Repeated phone calls, text messages, or social media contact after a relationship ends can lead to charges, especially if an order of protection is in place.
Social Media and Electronic Communications
The rise of social media and electronic communication has led to increased aggravated harassment prosecutions involving:
- Threatening messages sent via text, email, or social media
- Creating fake social media profiles to harass someone
- Posting threatening or harassing content about someone online
- Repeatedly contacting someone electronically after being asked to stop
Workplace Conflicts
Disputes between coworkers or between employees and supervisors can escalate into aggravated harassment charges when communications become threatening or when contact continues despite requests to stop.
Neighbor Disputes
Ongoing conflicts between neighbors sometimes result in aggravated harassment charges when one party repeatedly contacts the other in a harassing manner or makes threats.
Bias-Motivated Incidents
When harassment involves racial, religious, or other bias-motivated elements, prosecutors are particularly aggressive in pursuing aggravated harassment charges, often seeking enhanced penalties.
Long-Term Consequences Beyond Criminal Penalties
Employment Impact
A conviction for aggravated harassment can severely impact your employment prospects:
- Background checks will reveal the criminal conviction
- Many employers are hesitant to hire individuals with harassment convictions
- Current employment may be jeopardized, especially in fields requiring trust and interpersonal interaction
- Professional licenses may be suspended or revoked
Housing Difficulties
Landlords routinely conduct background checks, and a harassment conviction may disqualify you from rental housing, particularly in competitive housing markets.
Family Law Implications
Aggravated harassment convictions can negatively affect:
- Child custody and visitation arrangements
- Divorce proceedings
- Adoption applications
- Family court matters
Educational Opportunities
Colleges and universities may deny admission or revoke enrollment based on harassment convictions, and financial aid eligibility may be affected.
Immigration Status
For non-citizens, an aggravated harassment conviction can result in:
- Deportation proceedings
- Denial of naturalization applications
- Inadmissibility for future visa applications
- Loss of legal permanent resident status
How Attorney Michael Brown Defends Aggravated Harassment Cases
As Suffolk County’s most experienced aggravated harassment defense attorney, Michael Brown understands that these charges often arise from misunderstandings, emotional circumstances, or situations where the alleged victim has ulterior motives. He employs comprehensive defense strategies tailored to each client’s unique situation.
Challenging the Evidence
Attorney Brown thoroughly examines all evidence in your case, including:
- Text message and email records to establish context
- Phone records to verify the frequency and nature of communications
- Social media posts and messages
- Witness statements and their credibility
- The alleged victim’s statements for inconsistencies
- Any evidence of false accusations or exaggeration
Questioning Intent
Aggravated harassment requires proof of specific intent to harass, annoy, threaten, or alarm. Attorney Brown can challenge whether:
- Your communications had a legitimate purpose
- You intended to cause annoyance or alarm
- Your actions were reasonably likely to cause harassment
- The context of communications has been misrepresented
Constitutional Defenses
Many aggravated harassment cases involve First Amendment free speech issues. Attorney Brown can argue that:
- Your communications constitute protected speech
- The statute is being applied in a manner that violates free speech rights
- Your expressions, while perhaps offensive, do not constitute criminal harassment
Establishing Lack of Knowledge
If you were unaware that your communications were unwelcome or didn’t know you were violating an order of protection, this can be a valid defense. Attorney Brown can demonstrate:
- You were unaware of orders of protection
- You had no notice that contact was unwanted
- Your communications were based on reasonable belief they were welcome
Proving False Accusations
Unfortunately, aggravated harassment charges are sometimes fabricated or exaggerated, particularly in:
- Contentious divorce or custody battles
- Disputes over property or money
- Revenge situations following relationship breakups
- Workplace conflicts where someone seeks leverage
Attorney Brown investigates thoroughly to uncover false accusations and present evidence of the accuser’s true motives.
Negotiating Reduced Charges
Even when evidence presents challenges, Attorney Brown’s relationships with Suffolk County prosecutors and his negotiation skills often result in:
- Reduction from aggravated harassment to simple harassment (a violation)
- Dismissal in exchange for anger management or counseling
- Adjournment in contemplation of dismissal (ACD), which results in dismissal after a specified period
- Non-criminal resolutions that avoid conviction
Five Reasons Attorney Michael Brown Is Your Best Choice
- Unmatched Experience in Harassment Cases: As Suffolk County’s most experienced aggravated harassment defense attorney, Michael Brown has defended hundreds of clients against these charges, from simple miscommunication cases to complex matters involving orders of protection, domestic disputes, and bias-motivated allegations.
- Understanding of Electronic Evidence: In today’s digital age, aggravated harassment cases heavily involve text messages, emails, social media posts, and other electronic communications. Attorney Brown has extensive experience analyzing digital evidence, challenging its authenticity, providing proper context, and demonstrating how communications have been mischaracterized.
- Strategic Defense Planning: Attorney Brown recognizes that each aggravated harassment case is unique, with its own set of circumstances, relationships, and motivations. He develops customized defense strategies that address your specific situation, whether that involves challenging false accusations, demonstrating lack of intent, asserting constitutional protections, or negotiating favorable resolutions.
- Protecting Your Reputation: Aggravated harassment charges can damage your personal and professional reputation even before conviction. Attorney Brown works quickly and discreetly to protect your reputation, seeks favorable bail conditions, and when appropriate, negotiates confidential resolutions that minimize public exposure of the allegations.
- Comprehensive Understanding of Related Issues: Aggravated harassment cases often involve collateral issues such as orders of protection, family court proceedings, custody disputes, and employment consequences. Attorney Brown provides comprehensive representation that addresses not just the criminal charges but all related legal matters affecting your life.
The Importance of Early Representation
Time is critical in aggravated harassment cases. Early involvement of an experienced attorney can:
- Prevent you from making statements to police that could be used against you
- Stop you from violating orders of protection you may not know exist
- Allow for early investigation and preservation of favorable evidence
- Enable negotiation with prosecutors before formal charges are filed
- Provide guidance on ceasing any conduct that could worsen your situation
- Address bail and release conditions immediately after arrest
What to Do If You’re Accused of Aggravated Harassment
If you’ve been accused of aggravated harassment or have been contacted by police investigating such allegations:
Stop All Contact: Immediately cease all communication with the alleged victim, including calls, texts, emails, social media messages, and third-party contact, even if you believe you’re innocent.
Do Not Speak to Police: You have the right to remain silent. Politely decline to answer questions without an attorney present, as anything you say can be used against you.
Preserve Evidence: Save any text messages, emails, social media communications, or other evidence that may support your defense, including evidence showing context or demonstrating false accusations.
Document Everything: Write down your recollection of events, including dates, times, witnesses, and circumstances surrounding the allegations.
Contact Attorney Michael Brown Immediately: The sooner you have experienced legal representation, the better your chances of a favorable outcome.
Understanding Orders of Protection
Aggravated harassment cases frequently involve orders of protection (also called restraining orders). These court orders prohibit contact with the protected party and can include:
- Stay-away provisions requiring you to maintain distance
- No-contact provisions prohibiting any communication
- Surrender of firearms
- Temporary loss of access to shared residences
Violating an order of protection is a separate criminal offense that can result in immediate arrest and additional charges. Attorney Brown can help you understand the terms of any order of protection, seek modification when appropriate, and ensure you remain in compliance.
Your Future Doesn’t Have to Be Defined by These Charges
An accusation of aggravated harassment is not a conviction. With experienced legal representation, many defendants achieve outcomes that protect their freedom, their record, and their future. Whether through dismissal, reduction to non-criminal charges, or successful defense at trial, Attorney Michael Brown fights tirelessly to achieve the best possible result in every case.
Don’t let aggravated harassment charges destroy your life, your career, or your reputation. These cases are defensible, and you deserve an attorney who will fight for your rights with the knowledge, skill, and dedication that comes from unparalleled experience.
Contact Attorney Michael Brown today for a confidential consultation about your aggravated harassment case. Early action can make the difference between conviction and freedom. Let Suffolk County’s most experienced aggravated harassment defense attorney put his expertise to work for you.