Harassment Charges in New York: Degrees, Penalties and Defenses
Harassment in New York ranges from a non-criminal violation, harassment in the second degree, to a misdemeanor or felony. The charge depends on what was said or done, how often, and whether there were threats. Many harassment cases start with an argument, a breakup or text messages, and many can be resolved without a criminal record. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC defends harassment cases in Nassau and Suffolk County.
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Harassment charges in New York
| Charge | What it covers | Level and maximum |
|---|---|---|
| Harassment 2nd degree (PL 240.26) | Striking, shoving or kicking someone, or following them or repeatedly bothering them, with intent to harass, annoy or alarm | Violation: up to 15 days in jail and a $250 fine |
| Harassment 1st degree (PL 240.25) | Repeatedly following someone or engaging in conduct that puts them in reasonable fear of physical injury | Class B misdemeanor: up to 3 months |
| Aggravated harassment 2nd degree (PL 240.30) | Threats of physical harm or property damage by phone, text, email or other communication, among other conduct | Class A misdemeanor: up to 364 days |
| Aggravated harassment 1st degree (PL 240.31) | Damaging property or other acts motivated by race, religion or another protected characteristic | Class E felony: up to 4 years |
Harassment 2nd degree is a violation, not a crime, but it still means a court case, often an order of protection, and possible jail time. Related charges include stalking and criminal contempt for violating an order of protection.
Common examples
- Repeated calls, texts or social media messages after being told to stop
- Shoving or slapping someone during an argument
- Showing up at someone’s home or job repeatedly
- Threats made by text, phone or email
- Messages to an ex-partner during a breakup or custody dispute
Orders of protection
In most harassment cases involving family, household members or a former partner, the judge issues an order of protection at arraignment. A full order can bar all contact and keep you out of your own home. A limited order allows contact but prohibits harassment and threats. Violating either one is a new crime, even if the other person reached out first.
How we defend harassment charges
Intent
No intent to harass
The law requires intent to harass, annoy or alarm. An argument, a misunderstanding or a legitimate reason for contact is not harassment.
Free speech
Protected speech
Speech that is offensive or rude is often protected by the First Amendment unless it is a true threat.
Identity
Proof of who sent it
Messages from shared accounts, spoofed numbers or unknown sources must be tied to you.
Full picture
Context and credibility
Many cases come from breakups and custody disputes, where the full message history tells a different story.
How harassment cases usually end
- Dismissal
- An adjournment in contemplation of dismissal (ACD), often with an order of protection during the adjournment
- A reduction to harassment 2nd degree or disorderly conduct, non-criminal violations
Recent results
Charge dismissed · Reduced to disorderly conduct
Stalking and harassment, former partner
Nassau County First District Court, November 14, 2025. The case resolved with a plea to disorderly conduct, a violation, not a crime.
Charge dismissed · Reduced to harassment
Charges from a roadside fight
Suffolk County District Court, September 9, 2026. The prosecution offered a plea to the charge. The case resolved with a plea to harassment, a non-criminal violation.
Dismissed
Stalking and harassment, alleged following of an officer
2026. The stalking and harassment charges were dismissed.
More results: our successful cases.
Prior results do not guarantee a similar outcome.
Harassment: frequently asked questions
Is harassment a crime in New York?
Harassment in the 2nd degree is a violation, not a crime. Harassment in the 1st degree and aggravated harassment in the 2nd degree are misdemeanors, and aggravated harassment in the 1st degree is a felony.
Can I be charged with harassment for text messages?
Yes. Repeated unwanted messages can be harassment, and threats sent by text, phone or email can be aggravated harassment in the 2nd degree, a misdemeanor.
Does a harassment violation go on my record?
A harassment 2nd degree conviction is a non-criminal violation, and the record is generally sealed. A dismissal or ACD is sealed.
Can the other person drop the charges?
Not on their own. The District Attorney decides whether to prosecute, although the complaining witness’s wishes often matter.
What happens if I contact the person while there is an order of protection?
That can be criminal contempt, a new crime, even if they contacted you first. Talk to a lawyer about changing the order instead.
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