Harassment Lawyer New York, NY
If you are facing a harassment charge in New York City, your first contact with the criminal justice system is often a desk appearance ticket or a summons directing you to New York County Criminal Court at 60 Centre Street. A harassment allegation in Manhattan, Brooklyn, Queens, Staten Island, or the Bronx can affect your employment, your immigration status, and your ability to remain in your home. Law Offices Of SRIS, P.C. represents individuals charged with harassment and related offenses in the New York City criminal courts. Mr. Sris, a former prosecutor, founded the firm in 1997, and he and his Of Counsel bring over 120 years of combined legal experience to harassment defense. Results may vary. For a consultation, reach our location at (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
What Harassment Means Under New York Law
New York Penal Law defines several harassment offenses, ranging from violation-level conduct to felony charges. Harassment in the second degree (a violation) covers behavior such as striking, shoving, kicking, or following someone in a public place, or engaging in a course of conduct that alarms or seriously annoys another person with no legitimate purpose. Aggravated harassment in the second degree is a class A misdemeanor that can be charged when a person communicates with another by telephone, mail, or other form of written communication in a manner likely to cause annoyance or alarm, or causes physical contact with the intent to harass, annoy, threaten, or alarm. Aggravated harassment in the first degree is a class E felony, typically involving a threat to cause physical injury or property damage because of the victim’s race, color, religion, or other protected characteristic. Because the specific charge depends on the nature of the alleged conduct and any prior history, the potential consequences vary significantly.
In New York County, the Manhattan Criminal Court at 60 Centre Street handles all violation and misdemeanor-level harassment charges. Felony-level harassment cases are prosecuted in the New York County Supreme Court, Criminal Term. The New York City Police Department issues desk appearance tickets for many low-level harassment offenses, so a person may be ordered to appear in court without having been physically arrested. Nevertheless, a criminal charge—even a violation—creates a court record that can appear in background checks. New York’s 2020 bail reform generally means that defendants charged with non-violent misdemeanors and violations are released on recognizance. Still, an experienced defense lawyer can evaluate whether the case can be resolved through an Adjournment in Contemplation of Dismissal (ACD), which after a period of good behavior results in a dismissal and sealing of the record.
How Mr. Sris and His Of Counsel Handle Harassment Cases
When a client first contacts Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel work to identify every possible defense and procedural avenue. They review the accusatory instrument carefully to determine whether it alleges all elements of the charged offense. In a harassment case, common defenses include challenging the complainant’s credibility, showing that the alleged conduct does not meet the statutory definition, or demonstrating that the communication at issue was constitutionally protected speech. If the prosecution’s case has weaknesses, counsel may negotiate for a reduction in the charge, an ACD, or a conditional dismissal. If the matter cannot be resolved pretrial, Mr. Sris and his Of Counsel are prepared to go to trial and present a well-prepared defense.
The timeline for a harassment case in the New York City Criminal Court depends on several factors, including the court’s calendar, the complexity of any discovery, and whether motions are filed. Many violation-level cases are resolved in relatively short order, while misdemeanor and felony cases tend to require more court appearances. At each stage, Mr. Sris and his Of Counsel advise the client on whether a particular resolution is in their best interest and what collateral consequences—such as immigration, employment, or licensing implications—may attach to any outcome.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal law since 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. All non-owner attorneys are Of Counsel—experienced practitioners who collaborate with Mr. Sris on every matter. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997. Results may vary.
Frequently Asked Questions
What is the difference between harassment in the second degree and aggravated harassment in New York?
Harassment in the second degree is a violation, while aggravated harassment in the second degree is a class A misdemeanor. A violation-level harassment charge under New York Penal Law typically involves physical contact, following someone, or a course of alarming conduct with no legitimate purpose. Aggravated harassment, in contrast, often involves written or electronic communications intended to annoy or alarm, or physical contact intended to harass. Because the classification of the charge determines potential jail time and criminal-record consequences, it is important to have an experienced defense lawyer evaluate whether the allegations support a violation or a more serious misdemeanor or felony charge.
Can a harassment charge be dismissed in New York City?
Yes, many first-offense harassment cases in New York City are resolved through an Adjournment in Contemplation of Dismissal (ACD). Under an ACD, the court adjourns the case for a period of six to twelve months. If the defendant stays out of trouble and complies with any conditions set by the court, the charge is automatically dismissed and the record becomes eligible for sealing. An experienced criminal defense attorney can negotiate for an ACD or an outright dismissal when the facts and the client’s history support such a resolution.
Do I need a lawyer for a harassment charge that is only a violation?
While New York law does not require you to hire a lawyer for a violation-level charge, the collateral consequences can be significant. Even a non-criminal violation can appear on certain background checks, potentially affecting employment, housing, or immigration status. A defense attorney can investigate whether the charge can be dismissed outright, reduced, or resolved through an ACD. Without counsel, a person may unknowingly accept a disposition with lasting repercussions.
How does a harassment case proceed in the Manhattan Criminal Court?
A harassment case in Manhattan typically begins with a desk appearance ticket or summons requiring you to appear in the New York County Criminal Court at 60 Centre Street. At the first court date, an assistant district attorney will be assigned, and your attorney can engage in early negotiations. Many cases are resolved through plea discussions or an ACD; if not, the matter will proceed to hearings and possibly trial. The timeline varies according to the complexity of the case and the court’s schedule.
What are the potential penalties for a harassment conviction in New York?
Penalties depend on the class of the charge: a violation carries up to 15 days in jail, a class A misdemeanor up to one year, and a class E felony up to four years. In addition to incarceration, a conviction may result in fines, a permanent criminal record, and an order of protection that can restrict contact with the alleged victim. Because each level of offense carries different long-term consequences, securing representation early is advisable.
Learn more about criminal defense in nearby boroughs and counties: Kings County (Brooklyn) Criminal Lawyer · Queens County (Queens) Criminal Lawyer · Richmond County (Staten Island) Criminal Lawyer · Nassau County Criminal Lawyer
Official sources: New York Penal Law · NYC Criminal Court · New York State Courts
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.