Why Choose Us?

Fast Law provides trusted representation for individuals facing New York harassment charges. We deliver clear guidance, steady support, and focused legal strategy designed to protect your future. Clients turn to us for effective advocacy during some of the most stressful moments of their lives.

  • 5-star client satisfaction across New York
  • Free and confidential consultations
  • Personalized defense strategies tailored to your circumstances
  • Proven results in misdemeanor and felony harassment cases
  • Decades of combined courtroom experience

Understanding Harassment Charges

Harassment charges apply to situations in which a person engages in conduct or course of conduct with the intent to annoy or alarm another individual. There are five different New York Harassment charges codified in the New York Penal Law. Specifically, these charges are:

The difference in these charges is explained below.

New York Harassment in the Second Degree

Under New York Penal Law Section 240.26, a person is guilty of Harassment in the Second Degree when, with intent to harass, annoy, or alarm another person, he or she:

  1. Strikes, shoves, kicks, or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; OR
  2. Follows a person in or about a public place or places; OR
  3. Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Exemptions from New York Harassment in the Second Degree

New York Penal Law Sections 240.26(2) and 240.26(3) do not apply to activities which are regulation by the National Labor Relations Act, the Railway Labor Act or the Federal Employment Labor Management Act. For example, the actions of employees organizing into unions or engaging in collective action, such as strikes, do not constitute Harassment in the Second Degree under New York Law.

Penalties and Sentencing for Harassment in the Second Degree

Under New York Law, Harassment in the Second Degree is a Violation. This charge is punishable by up to 15 days in jail. Practically speaking, however, most New York violation charges will result in a “time served” sentence, which oftentimes is no jail time at all or just the time spent in arrest processing. Harassment in the Second Degree is a violation, not a crime. Therefore, if you plead guilty to this charge, you will not have a criminal record.

New York Harassment in the First Degree

A more serious New York Harassment charge is Harassment in the First Degree, which is codified in New York Penal Law Section 240.25. Under New York Penal Law 240.25, a person is guilty of Harassment in the First Degree when he or she:

  1. Intentionally and repeatedly harasses another person by following such person in or about a public place or places, OR
  2. By engaging in a course of conduct or by repeatedly committing acts which place such person in reasonable fear of physical injury.

Exemptions from New York Harassment in the First Degree

Similarly, activities regulated by the National Labor Relations Act, the Railway Labor Act, or the Federal Employment Labor Management Act are exempted from prosecution as Harassment in the First Degree charges.

Penalties and Sentencing for Harassment in the First Degree

New York Harassment in the First Degree is a Class “B” misdemeanor. As such, this charge can be punishable by:

  • Up to 90 days in prison,
  • Time served (even if time served was only time for arrest processing or awaiting arraignment),
  • Probation,
  • Conditional Discharge (with conditions set by the court, such as completion of community service, or an anger management program),
  • Unconditional Discharge (no conditions set by the court as part of the plea).

New York Aggravated Harassment in the Second Degree

New York Aggravated Harassment in the Second Degree charge is codified in New York Penal Law Section 240.30. Under Penal Law 240.30, a person is guilty of Aggravated Harassment in the Second Degree when:

  1. With intent to harass another person, the actor either:
    1. Communicates by phone, computer, mail, or through other electronic means a threat to cause physical harm to a person, a member of such person’s family or household, or their property AND the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to the physical safety or property of self or another; OR
    2. Causes a communication to be initiated by telephone, computer, mail or any other electronic means, which is a threat to cause physical harm to a person, a member of such person’s family or household, or their property, AND the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to the physical safety or property of self or another; OR
  2. With intent to harass or threaten another person, he or she makes a telephone call, with no purpose of legitimate communication; OR
  3. With the intent to harass, annoy, threaten, or alarm another person, he or she strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; OR
  4. With the intent to harass, annoy, threaten, or alarm another person, he or she strikes, shoves, kicks, or otherwise subjects another person to physical contact thereby causing physical injury to such person or to a family or household member of such person; OR
  5. He or she commits the crime of Harassment in the First Degree and has previously been convicted of the crime of Harassment in the First Degree (Penal Law Section 240.25) within the preceding 10 years.

Penalties and Sentencing for Aggravated Harassment in the Second Degree

Under New York Law, Aggravated Harassment in the Second Degree is a Class “A” Misdemeanor. As such, this charge is punishable by:

  • Up to 1 year in prison;
  • Probation;
  • Conditional Discharge;
  • Unconditional Discharge;
  • Time Served.

New York Aggravated Harassment in the First Degree

The most serious New York harassment charge is Aggravated Harassment in the First Degree, which is codified in New York Penal Law Section 240.31. Under New York Penal Law Section 240.31, a person is guilty of Aggravated Harassment in the First Degree, when:

  1. With intent to harass, annoy, threaten, or alarm another person, because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation, regardless of whether the belief or perception is correct,
  2. S/he damages premises primarily used for religious purposes, and the damage to the premises exceeds $50; OR
  3. Commits the crime of Aggravated Harassment in the Second Degree under Penal Law Section 240.30(3) AND has been previously convicted of the crime of Aggravated Harassment in the Second Degree under Penal Law Section 240.30(3) OR has been previously convicted of the crime of Aggravated Harassment in the First Degree within the preceding 10 years; OR
  4. Etches, paints, draws upon, or otherwise places a swastika, on any building or other real property, public or private, without express permission of the owner or operator of such building or real property; OR
  5. Sets on fire a cross in public view; OR
  6. Etches, paints, draws upon, or otherwise places or displays a noose, on any building or other real property, public or private, without the express permission of the owner or operator of such building or real property.

Sentencing and Penalties for Aggravated Harassment in the First Degree

Aggravated Harassment in the First Degree is a Class “E” Non-violent Felony. As such, this charge is punishable by:

  • An indeterminate sentence up to 1 1/3 to 4 years in prison;
  • A determinate sentence of up to 1 year in prison;
  • A split sentence (up to 6 months jail, rest of sentence probation);
  • Probation;
  • Conditional Discharge;
  • Unconditional Discharge.

New York Aggravated Harassment of an Employee by an Inmate

An infrequently used New York harassment statute is Aggravated Harassment if an Employee by an Inmate. This charge is codified in New York Penal Law 240.32. Under New York Penal Law Section 240.32, an inmate is guilty of Aggravated Harassment of an Employee by an Inmate when:

  1. With intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should know to be an employee of such facility or the board of parole or the office of mental health, or a probation department, bureau or unit or a police officer,
  2. S/he causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by throwing, tossing, or expelling such fluid or material.

Definitions Used in Aggravated Harassment of an Employee by an Inmate

This charge has special legal definitions, which are described below:

  1. An “inmate” means an inmate or detainee in a correctional facility, local correctional facility, or a hospital, as such term is defined in subdivision two of section four hundred of the correction law.
  2. A “facility” means a hospital or a correctional facility, as such term is defined in Section 400(2) of the Correction Law.

Sentencing and Penalties for Aggravated Harassment of an Employee by an Inmate

Under New York Law, Aggravated Harassment of an Employee by an Inmate is a Class “E” Non-violent Felony. As such, the possible potential sentences include:

  • An indeterminate sentence up to 1 1/3 to 4 years in prison;
  • A determinate sentence of up to 1 year in prison;
  • A split sentence (up to 6 months jail, rest of sentence probation);
  • Probation;
  • Conditional Discharge;
  • Unconditional Discharge.

Contact Our Top-Rated New York Harassment Attorneys Today

If you or your loved one has been arrested and charged with New York criminal harassment charges, you need experienced counsel by your side. Contact us today for your free initial consultation.

Fast Law is based in Manhattan and proudly serves clients across New York, including Brooklyn, Manhattan, Queens, Nassau County, Suffolk County, and New Jersey.

"Fast Law logo with gold emblem and white text Federal Criminal Defense on black background."
Harassment

Why Choose Us?

Fast Law provides trusted representation for individuals facing New York harassment charges. We deliver clear guidance, steady support, and focused legal strategy designed to protect your future. Clients turn to us for effective advocacy during some of the most stressful moments of their lives.

  • 5-star client satisfaction across New York
  • Free and confidential consultations
  • Personalized defense strategies tailored to your circumstances
  • Proven results in misdemeanor and felony harassment cases
  • Decades of combined courtroom experience

Understanding Harassment Charges

Harassment charges apply to situations in which a person engages in conduct or course of conduct with the intent to annoy or alarm another individual. There are five different New York Harassment charges codified in the New York Penal Law. Specifically, these charges are:

The difference in these charges is explained below.

New York Harassment in the Second Degree

Under New York Penal Law Section 240.26, a person is guilty of Harassment in the Second Degree when, with intent to harass, annoy, or alarm another person, he or she:

  1. Strikes, shoves, kicks, or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; OR
  2. Follows a person in or about a public place or places; OR
  3. Engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Exemptions from New York Harassment in the Second Degree

New York Penal Law Sections 240.26(2) and 240.26(3) do not apply to activities which are regulation by the National Labor Relations Act, the Railway Labor Act or the Federal Employment Labor Management Act. For example, the actions of employees organizing into unions or engaging in collective action, such as strikes, do not constitute Harassment in the Second Degree under New York Law.

Penalties and Sentencing for Harassment in the Second Degree

Under New York Law, Harassment in the Second Degree is a Violation. This charge is punishable by up to 15 days in jail. Practically speaking, however, most New York violation charges will result in a “time served” sentence, which oftentimes is no jail time at all or just the time spent in arrest processing. Harassment in the Second Degree is a violation, not a crime. Therefore, if you plead guilty to this charge, you will not have a criminal record.

New York Harassment in the First Degree

A more serious New York Harassment charge is Harassment in the First Degree, which is codified in New York Penal Law Section 240.25. Under New York Penal Law 240.25, a person is guilty of Harassment in the First Degree when he or she:

  1. Intentionally and repeatedly harasses another person by following such person in or about a public place or places, OR
  2. By engaging in a course of conduct or by repeatedly committing acts which place such person in reasonable fear of physical injury.

Exemptions from New York Harassment in the First Degree

Similarly, activities regulated by the National Labor Relations Act, the Railway Labor Act, or the Federal Employment Labor Management Act are exempted from prosecution as Harassment in the First Degree charges.

Penalties and Sentencing for Harassment in the First Degree

New York Harassment in the First Degree is a Class “B” misdemeanor. As such, this charge can be punishable by:

  • Up to 90 days in prison,
  • Time served (even if time served was only time for arrest processing or awaiting arraignment),
  • Probation,
  • Conditional Discharge (with conditions set by the court, such as completion of community service, or an anger management program),
  • Unconditional Discharge (no conditions set by the court as part of the plea).

New York Aggravated Harassment in the Second Degree

New York Aggravated Harassment in the Second Degree charge is codified in New York Penal Law Section 240.30. Under Penal Law 240.30, a person is guilty of Aggravated Harassment in the Second Degree when:

  1. With intent to harass another person, the actor either:
    1. Communicates by phone, computer, mail, or through other electronic means a threat to cause physical harm to a person, a member of such person’s family or household, or their property AND the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to the physical safety or property of self or another; OR
    2. Causes a communication to be initiated by telephone, computer, mail or any other electronic means, which is a threat to cause physical harm to a person, a member of such person’s family or household, or their property, AND the actor knows or reasonably should know that such communication will cause such person to reasonably fear harm to the physical safety or property of self or another; OR
  2. With intent to harass or threaten another person, he or she makes a telephone call, with no purpose of legitimate communication; OR
  3. With the intent to harass, annoy, threaten, or alarm another person, he or she strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; OR
  4. With the intent to harass, annoy, threaten, or alarm another person, he or she strikes, shoves, kicks, or otherwise subjects another person to physical contact thereby causing physical injury to such person or to a family or household member of such person; OR
  5. He or she commits the crime of Harassment in the First Degree and has previously been convicted of the crime of Harassment in the First Degree (Penal Law Section 240.25) within the preceding 10 years.

Penalties and Sentencing for Aggravated Harassment in the Second Degree

Under New York Law, Aggravated Harassment in the Second Degree is a Class “A” Misdemeanor. As such, this charge is punishable by:

  • Up to 1 year in prison;
  • Probation;
  • Conditional Discharge;
  • Unconditional Discharge;
  • Time Served.

New York Aggravated Harassment in the First Degree

The most serious New York harassment charge is Aggravated Harassment in the First Degree, which is codified in New York Penal Law Section 240.31. Under New York Penal Law Section 240.31, a person is guilty of Aggravated Harassment in the First Degree, when:

  1. With intent to harass, annoy, threaten, or alarm another person, because of a belief or perception regarding such person’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation, regardless of whether the belief or perception is correct,
  2. S/he damages premises primarily used for religious purposes, and the damage to the premises exceeds $50; OR
  3. Commits the crime of Aggravated Harassment in the Second Degree under Penal Law Section 240.30(3) AND has been previously convicted of the crime of Aggravated Harassment in the Second Degree under Penal Law Section 240.30(3) OR has been previously convicted of the crime of Aggravated Harassment in the First Degree within the preceding 10 years; OR
  4. Etches, paints, draws upon, or otherwise places a swastika, on any building or other real property, public or private, without express permission of the owner or operator of such building or real property; OR
  5. Sets on fire a cross in public view; OR
  6. Etches, paints, draws upon, or otherwise places or displays a noose, on any building or other real property, public or private, without the express permission of the owner or operator of such building or real property.

Sentencing and Penalties for Aggravated Harassment in the First Degree

Aggravated Harassment in the First Degree is a Class “E” Non-violent Felony. As such, this charge is punishable by:

  • An indeterminate sentence up to 1 1/3 to 4 years in prison;
  • A determinate sentence of up to 1 year in prison;
  • A split sentence (up to 6 months jail, rest of sentence probation);
  • Probation;
  • Conditional Discharge;
  • Unconditional Discharge.

New York Aggravated Harassment of an Employee by an Inmate

An infrequently used New York harassment statute is Aggravated Harassment if an Employee by an Inmate. This charge is codified in New York Penal Law 240.32. Under New York Penal Law Section 240.32, an inmate is guilty of Aggravated Harassment of an Employee by an Inmate when:

  1. With intent to harass, annoy, threaten, or alarm a person in a facility whom he or she knows or reasonably should know to be an employee of such facility or the board of parole or the office of mental health, or a probation department, bureau or unit or a police officer,
  2. S/he causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by throwing, tossing, or expelling such fluid or material.

Definitions Used in Aggravated Harassment of an Employee by an Inmate

This charge has special legal definitions, which are described below:

  1. An “inmate” means an inmate or detainee in a correctional facility, local correctional facility, or a hospital, as such term is defined in subdivision two of section four hundred of the correction law.
  2. A “facility” means a hospital or a correctional facility, as such term is defined in Section 400(2) of the Correction Law.

Sentencing and Penalties for Aggravated Harassment of an Employee by an Inmate

Under New York Law, Aggravated Harassment of an Employee by an Inmate is a Class “E” Non-violent Felony. As such, the possible potential sentences include:

  • An indeterminate sentence up to 1 1/3 to 4 years in prison;
  • A determinate sentence of up to 1 year in prison;
  • A split sentence (up to 6 months jail, rest of sentence probation);
  • Probation;
  • Conditional Discharge;
  • Unconditional Discharge.

Contact Our Top-Rated New York Harassment Attorneys Today

If you or your loved one has been arrested and charged with New York criminal harassment charges, you need experienced counsel by your side. Contact us today for your free initial consultation.

Fast Law is based in Manhattan and proudly serves clients across New York, including Brooklyn, Manhattan, Queens, Nassau County, Suffolk County, and New Jersey.

Frequently Asked Questions

What is the difference between harassment and aggravated harassment in New York?

Harassment charges typically involve conduct meant to annoy, alarm, or threaten another person, while aggravated harassment usually includes threats made electronically, bias-related conduct, or repeated acts that elevate the level of danger. Aggravated harassment carries more serious penalties because it involves conduct seen as more severe under New York law.

Can harassment charges be dropped before court in New York?

Yes, harassment charges can be dismissed before court if the prosecutor determines there is insufficient evidence, if the complainant withdraws cooperation, or if the conduct falls under statutory exemptions. Early legal intervention often improves the chances of a favorable outcome.

Do harassment charges show up on a background check?

A violation such as Harassment in the Second Degree is not a crime, but the record of the case may still appear depending on the stage of the case and the type of background check. Misdemeanor and felony forms of harassment will typically appear unless sealed by the court.

Can I be charged with harassment based solely on text messages or social media posts?

Yes. Electronic communications, including texts, emails, and social media messages, can support harassment or aggravated harassment charges if they contain threats or are intended to harass, alarm, or annoy another person.

Will I have to attend every court date for a harassment charge?

In many cases, defendants must appear for arraignment and certain hearings, but an attorney can often appear on your behalf for routine court dates. Requirements vary depending on the type of charge and the judge’s instructions.

Are there immigration consequences for New York harassment charges?

Some harassment charges, especially aggravated harassment or offenses involving bias or violence, may create immigration risks. Immigrants should consult criminal and immigration counsel to understand potential consequences.

Can a Harassment conviction impact my professional license?

Yes. Although a Harassment in the Second Degree conviction is only a violation, a conviction for any misdemeanor (Harassment in the First Degree, Aggravated Harassment in the Second Degree) or felony harassment can have severe collateral consequences. Jeopardizing licenses for professionals (e.g., nurses, teachers, financial brokers) as professional ethics boards often require disclosure of criminal convictions

How long does a harassment case take to resolve in New York?

Most cases resolve within a few weeks to several months, depending on the complexity, evidence, negotiations, and court scheduling. Felony harassment cases generally take longer than misdemeanor or violation-level charges.

Does a conviction for Harassment in the Second Degree (a Violation) show up on a criminal background check?

While Harassment in the Second Degree (PL § 240.26) is classified as a Violation and not a crime, and therefore does not result in a criminal record, the arrest and disposition may still appear on certain types of background checks (especially fingerprint-based or exhaustive background checks conducted by licensing agencies or for employment in specific fields like finance or law enforcement). A conviction for a violation cannot be sealed immediately, and its visibility often depends on the type and depth of the check.

What is the relationship between Harassment charges and Orders of Protection (OOPs)

A criminal arrest for any level of harassment (Violation, Misdemeanor, or Felony) almost always results in the immediate issuance of a Temporary Order of Protection (TOP) by the judge at arraignment, especially in cases involving domestic partners, family, or people in an intimate relationship. The TOP imposes restrictions on the defendant, often mandating no contact with the alleged victim. Violating an OOP is a separate, serious crime called Criminal Contempt, which carries its own significant penalties.

What is the difference between Harassment and Stalking in New York?

Harassment generally requires the intent to annoy, harass, or alarm and involves acts like unwanted physical contact or a repeated course of conduct serving no legitimate purpose. Stalking (Penal Law Article 120, Sections 120.45, 120.50, etc.) is a more severe crime that specifically requires a pattern of conduct that causes the victim to fear physical injury or the commission of a sex offense, or causes material mental or emotional distress. Stalking is always charged as a misdemeanor or felony, reflecting its greater severity and the fear it instills.

What are common defenses to New York Harassment charges, especially for electronic communication?

Common defenses often challenge the legal element of intent or the lack of a legitimate purpose:

  • Lack of Intent: Arguing that the action (e.g., a phone call) was not made with the conscious objective to harass, annoy, or alarm.
  • Legitimate Purpose: Demonstrating that the communication or contact had a legitimate, non-harassing purpose (e.g., settling a debt, legal process, protected union activity, or a one-time misdirected communication).
  • Protected Speech: In some cases involving verbal or written communication, arguing that the words are protected under the First Amendment (though this defense has limits, especially when direct threats or incitement are involved).
  • Misidentification/Lack of Corroboration: Challenging whether the defendant was actually the person who sent the electronic communication or engaged in the physical contact.