There is a common misconception that domestic violence only involves acts of physical violence resulting in injury. But there are cases where there is no physical injury, which can be charged as domestic violence with harassment.
Defining Domestic Harassment
The question is, how can you tell the difference between harassment and just bickering? The New York penal code defines this as a pattern of abusive and controlling behavior, with the intent to annoy, harass, or alarm the victim. It may involve making unwanted phone calls, mailing letters, or sending emails. It can also involve following or touching the victim.
In New York, there are three degrees of harassment:
- Harassment in the First Degree – repeatedly following the victim in a public place or engaging in a course of conduct that places them in fear of physical injury
- Harassment in the Second Degree – intending to harass, annoy, or alarm another if you hit, push, kick or come into physical contact with the victim, or threaten to do so; following the person in a public place, also applies to stalking and instilling reasonable fear to the victim; engaging in a course of conduct that alarm or annoy the victim
- Aggravated Harassment in the First Degree – often referred to as the phone harassment statute; intending to harass, annoy, or alarm another person, while communicating with them anonymously using a telephone, mail, or any other type of written communication; making a telephone call with no legitimate purpose
Defending Against a Harassment Charge with Olivier E. Roche, Esq.
I have extensive experience defending against domestic violence and harassment and aggravated harassment charges. I fully understand the severity and consequences of a conviction, and I know that some spouses just use domestic violence with harassment charges when involved in a child custody or divorce dispute.
I know the law, and I know the criminal justice system from both sides – because I am a former prosecutor. So, if you’ve been accused, call me. We’ll talk about your case, and which defenses are best for your situation.
