What are the charges for aggravated harassment and falsely reporting an incident?

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.

FAQs

Can I sue for verbal harassment?

Yes, you can sue for verbal harassment if it meets certain legal criteria. Verbal harassment typically involves threats or abusive language that causes emotional distress. To succeed in a lawsuit, you must prove that the harassment was severe enough to impact your well-being and that the perpetrator acted with intent. However, the specifics can vary by state, so consulting with a legal professional is recommended for guidance tailored to your situation.

What happens when you press charges on someone for harassment?

When you press charges for harassment, law enforcement will investigate the claim. If they find sufficient evidence, they may arrest the accused. The case may then proceed to court, where the prosecutor will present evidence. If convicted, the offender could face penalties, including fines or jail time, depending on the severity of the harassment. It's important to consult with a legal professional for advice specific to your case.

Can you beat a harassment charge?

Yes, it is possible to contest a harassment charge. Defenses may include proving that the behavior did not meet the legal definition of harassment or that there was no intent to cause distress. Each case is unique, and the outcome depends on the evidence presented. Consulting with a legal professional can help you understand your options and build a strong defense.

Is verbal harassment a crime in the US?

Yes, verbal harassment can be considered a crime in the U.S. It typically falls under harassment laws, which prohibit threatening or abusive language that causes emotional distress. The specifics can vary by state, and the severity of the charge may depend on the nature of the threats and the context. Always consult local laws or a legal professional for guidance on your situation.

Is verbal harassment illegal in the US?

Yes, verbal harassment is illegal in many jurisdictions across the U.S. It usually involves making threats or using abusive language that causes emotional harm to another person. The laws governing verbal harassment can vary by state, and the penalties depend on the severity of the offense. For detailed legal advice, it's best to consult with a legal professional familiar with your state's laws.

What qualifies as aggravated harassment?

Aggravated harassment typically involves actions that cause significant distress or harm to another person based on protected characteristics, such as race or gender. It can include making threats, stalking, or repeated unwanted communication. The specific definition and penalties can vary by state, so it's important to consult local laws or a legal professional for accurate information.