Full question:
I have been charged with aggravated harrassment. I never put my hands on this person. All I did was call him and I got angry on his answering machine. I left a message saying I was going to knock his teeth out of his head if he did not tell the two girls he was cheating on the truth. Is this crime a misdemeanor or a violation? my other question is iv also been charged with falsley reported incodent but i dident lie i told the truth i just dident tell them my real name i said i was someone els but i did hear people arguing and it looked like someone had hit another person with thes two charges what is the max amount of time i am lookiing at personaly i dont think i did anything wrong but pleae can someone help me
- Category: Criminal
- Subcategory: Harassment
- Date:
- State: New York
Answer:
Aggravated harassment can be classified under two degrees:
- Aggravated harassment in the first degree is a class E felony. This occurs when someone harasses, annoys, threatens, or alarms another person based on their race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation, and causes significant damage or has prior convictions for similar offenses.
- Aggravated harassment in the second degree is a class A misdemeanor. This includes communicating threats in a way likely to annoy or alarm another person, making calls with no legitimate purpose, or attempting physical contact based on the same protected characteristics.
Based on your description, leaving a threatening message could lead to aggravated harassment in the second degree.
Regarding falsely reporting an incident, there are three degrees:
- Falsely reporting an incident in the third degree is a class A misdemeanor. This involves knowingly reporting false information about a crime or emergency.
- Falsely reporting an incident in the second degree is a class E felony, which involves false reports that could cause public alarm.
- Falsely reporting an incident in the first degree is a class D felony, which applies if someone has prior convictions for similar offenses or if serious harm results from the false report.
Your charge of falsely reporting an incident likely falls under the third degree, but the specifics of your case matter.
In summary, the maximum penalties you face depend on the degree of the charges. For aggravated harassment in the second degree, the potential penalty could be up to one year in jail, while falsely reporting an incident in the third degree could also lead to similar consequences. It’s advisable to consult with a legal professional for tailored advice.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.