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Harassment Charges in New York: What You Need to Know

Hochhauser Criminal & DWI Defense, PLLC

Getting a harassment ticket or arrest in New York can be confusing and scary.
Many people are surprised to learn that a simple argument, text message, or unwanted contact can lead to criminal charges.
If you live in Nassau County, here is what you need to know about harassment laws and how to protect yourself.

What Counts as Harassment in New York

Under New York Penal Law §§ 240.25–240.26, harassment means you intentionally act in a way that annoys, alarms, or seriously bothers another person.
Common examples include:

  • Repeated calls, texts, or social media messages after being told to stop
  • Following someone on the street or showing up where they are
  • Threatening or shoving a person during an argument
  • Using abusive or obscene language to upset someone

The key is intent. The police or prosecutor must believe you meant to disturb or scare the other person.

Levels of Harassment and Penalties

New York divides harassment into different degrees:

  • Second-Degree Harassment (PL 240.26):
    • The most common charge
    • A violation, not a crime
    • Punishable by a fine up to $250, up to 15 days in jail, or both
  • First-Degree Harassment (PL 240.25):
    • A Class B misdemeanor
    • Involves repeated actions or behavior that makes someone fear physical harm
    • Punishable by up to 3 months in jail and fines
  • Aggravated Harassment (PL 240.30):
    • Can be a felony if threats are made electronically or if hate/bias is involved
    • Felony charges carry serious prison time and long-term consequences

Possible Defenses

A defense lawyer may fight the case by showing:

  • Your words were protected free speech
  • The conduct was accidental or misunderstood
  • There is not enough proof that you sent messages or followed the person

Why You Should Act Quickly

Even a violation-level harassment case can stay on your record and show up on background checks.
Fast legal help can lead to:

  • Dismissal of the charge
  • An Adjournment in Contemplation of Dismissal (ACD), which seals the case after a waiting period
  • A reduction to a non-criminal resolution

Harassment charges in Nassau County can have serious, lasting effects—even for a minor violation. Hochhauser Criminal & DWI Defense offers experienced legal help to protect your rights and fight for the best outcome. Contact us today for a confidential consultation.

Our Offices

Hempstead Office
164 Jackson St

Hempstead, NY 11550

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1225 Franklin Ave #325

Garden City, NY 11530

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Richard explained the matters of my case thoroughly and was professional and effective in dealing with the charges I was facing, ultimately getting the docket dismissed in its entirety. I would highly recommend procuring his services.

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Was in a bad spot but Richard Hochhauser got me great results on my DWI case in Nassau County. Highly Recommend!!!

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Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important. Highly recommend!

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December 14, 2025
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Was in a bad spot but Richard Hochhauser got me great results on my DWI case in Nassau County. Highly Recommend!!!

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By Far the Best Attorney

Richard Hochhauser is by far the best attorney I have ever met. He handled my case very well as he displayed professionalism and efficiency. He presented me with options and offered solutions and advise. Most importantly, however, at the end he got my case completely dismissed in the court, with no record, which is truly brilliant considering my situation. I highly recommend Mr. Hochhauser as he is an amazing attorney. He works with you and he is affordable as well. He also responded to all my emails immediately and kept updating me on my case. I’m referring him to all my friends and family. Thank you so much for everything!

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Attorney was able to indentify a previous error made by the court (spending a DWI refusal case as a 510 suspension) the he sucessfully negotiated a DMV hearing with the court. Attorney is very very knowledgeable in DWI cases.

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Richard is a true professional and an excellent attorney. He’s knowledgeable, thorough, informative and patient. He is always respectful and communicates well with the client. We wouldn’t hesitate to recommend him to anyone in need in the future.

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