New York City Criminal Harassment Lawyer

Harassment charges in New York occupy a peculiar legal space. They are frequently dismissed as minor by people who do not understand how the criminal justice system actually processes them, yet a conviction, even on a violation-level charge, can appear on background checks, complicate custody proceedings, trigger orders of protection that upend someone’s living situation, and in some circumstances, serve as a predicate for more serious charges down the line. For anyone who has been accused of criminal harassment in New York City, the assumption that this is a routine matter to be handled quickly and quietly is itself a significant mistake.

Harassment prosecutions in New York often arise from domestic disputes, neighbor conflicts, workplace tensions, and situations where the alleged conduct is contested, exaggerated, or entirely fabricated. The New York Penal Law defines harassment across multiple sections and degrees, and the conduct that qualifies is broad enough to capture behavior that many people would consider ordinary communication or expression. Intent is a central element, which means these cases often turn on credibility, context, and a close reading of the facts rather than physical evidence or forensic analysis.

The five boroughs generate a high volume of harassment complaints annually, many of them processed through the New York City Criminal Court system and handled at arraignment with an automatic order of protection. What happens in those first hours and days after a charge is filed can shape the trajectory of everything that follows. Having a criminal harassment attorney in New York City at that stage, not after multiple court appearances have already locked in a narrative, is where the real work begins.

What Harassment Charges Actually Look Like in New York

New York distinguishes between harassment in the first and second degree, and understanding how these differ matters for anyone building a defense. Harassment in the second degree, classified as a violation rather than a misdemeanor, involves intentional conduct designed to annoy, alarm, or threaten another person, including following someone in public, engaging in a course of conduct that alarms or seriously annoys, or communicating in a way that causes annoyance or alarm without a legitimate purpose. Because it is a violation, some people assume it carries no real consequence. The criminal record implications and the accompanying order of protection tell a different story.

Harassment in the first degree is a Class B misdemeanor, carrying potential jail time and all the collateral consequences that accompany a misdemeanor conviction. This charge applies when someone repeatedly follows or engages in a course of conduct that places another person in reasonable fear of physical injury. First-degree harassment is also a charge that prosecutors sometimes use as a companion to stalking accusations or in domestic violence contexts where the evidence falls short of a higher-level offense.

Both charges are commonly prosecuted in New York City Criminal Court, with arraignments taking place at 100 Centre Street in Manhattan, at the Queens Criminal Court on Queens Boulevard in Kew Gardens, at Kings County Criminal Court on Jay Street in Brooklyn, the Bronx Hall of Justice on 161st Street, and Staten Island Criminal Court in St. George. Each courthouse has its own caseload pressures and prosecutorial practices, and knowing the institutional tendencies of each office matters when strategizing around a case.

• Second-Degree Harassment (Violation Level): Charged under New York Penal Law Section 240.26, this covers a range of intentional conduct designed to alarm or annoy, including following someone, using offensive physical contact, or engaging in repeated unwanted communication. Though classified as a violation rather than a crime, the associated order of protection and record implications are real consequences.
• First-Degree Harassment (Class B Misdemeanor): Charged under New York Penal Law Section 240.25, this applies to repeated following or a course of conduct that causes a person reasonable fear of physical injury. As a misdemeanor, a conviction carries potential incarceration and appears on criminal records accessible through background checks.
• Aggravated Harassment: Previously codified in New York law, portions of the aggravated harassment statute were struck down by New York courts on First Amendment grounds, which affects how certain communication-based harassment claims are now charged. This legal history creates genuine defense angles that competent counsel can exploit when the underlying conduct involved speech or writing.
• Domestic Violence Harassment Designations: When a harassment charge arises from a domestic relationship, it triggers mandatory protocols within the New York City court system, including the automatic issuance of an order of protection and, in many cases, routing through a dedicated domestic violence part. This changes how cases are handled, who the assigned prosecutor is, and what plea possibilities look like.
• Stalking and Harassment Overlap: Harassment charges are frequently filed alongside stalking charges under New York Penal Law Article 120.45 through 120.60. Where prosecutors believe the conduct formed a pattern that caused sustained fear, stalking becomes the primary charge, with harassment serving as a lesser included or companion count. The defense of one necessarily involves the defense of the other.
• Orders of Protection as Part of the Charge: In most harassment cases in New York City, an order of protection issues at arraignment as a condition of release. These orders can remove someone from their own home, bar contact with a co-parent, or affect employment in fields requiring professional proximity to the protected party. Challenging the scope and terms of an order is a discrete legal task that runs parallel to the defense of the underlying charge.
• Online and Electronic Communication: Harassment charges increasingly arise from text messages, social media activity, and electronic communications. Prosecutors often submit message screenshots as their primary evidence, which raises distinct questions about context, authenticity, selective presentation, and whether the communication actually satisfies the statutory intent elements.

Aggravated Harassment Charges Pursuant to Penal Law 240.30 In New York, aggravated harassment is addressed under Penal Law § 240.30 .

What to Do When You Are Facing a Harassment Accusation in New York City

The period between when an accusation is made and when charges are formally filed is often where the most important decisions occur. If someone has told you they intend to file a complaint, or if law enforcement has already made contact, the first practical step is to stop all direct communication with the complainant. This means no texts, calls, emails, or social media messages, regardless of what you believe needs to be clarified or explained. Any message you send after an accusation has been made will be read in the worst possible light, and prosecutors routinely use post-accusation contact as evidence of continued harassment or consciousness of guilt.

Preserve everything. This applies to both sides of the communication record. If you have text chains, voicemails, emails, or social media exchanges with the complainant, do not delete them even if they seem irrelevant or unflattering. Context is everything in harassment cases, and messages that appear damaging in isolation often look entirely different when the full thread is reviewed. Screenshots with timestamps, metadata where available, and any documentation of prior interactions should be gathered and protected. Physical evidence such as video footage, access logs, or records showing your location at a specific time can be critical if the factual basis of the allegation is disputed.

If you have already been arrested and arraigned, an order of protection has almost certainly been issued. Read its terms carefully, and follow them without exception. Violating an order of protection, even unintentionally, converts a harassment matter into a criminal contempt charge and substantially worsens your position with the court. If the terms of the order are creating genuine hardship, there is a process for seeking modification, but that process must go through your attorney and the court.

In New York City, harassment arraignments occur at the relevant criminal courthouse for the borough where the alleged conduct took place. After arraignment, cases are typically adjourned for a complaint room review or conference date. The period between arraignment and resolution can span weeks or months depending on the borough, the complexity of the case, and whether a trial becomes necessary. Approaching that timeline without counsel, particularly in a case where an order of protection affects housing, children, or employment, is a risk that has concrete costs.

How a Criminal Harassment Defense Is Actually Built

The defense of a harassment case begins with a granular review of the conduct alleged and how it maps onto the statutory elements. Intent is not presumed. It must be proven. In many harassment cases, what the complainant characterizes as targeted harassment was, from the defendant’s perspective, an attempt to communicate, to resolve a dispute, or to respond to provocation. Reconstructing that context through documentary evidence, witness accounts, and an honest assessment of the communication record is where the attorney’s analytical work starts.

Credibility disputes are central to most harassment prosecutions because the evidence is frequently one-sided at the outset. The complainant files a report, offers their account, and the charge issues based on that version. Cross-examining the complainant’s account requires advance preparation: understanding their prior statements, identifying inconsistencies between what they told police and what the documentary record shows, and developing a factual counter-narrative that the prosecutor and, if necessary, a judge or jury can follow. Jason Goldman’s background as a Brooklyn prosecutor gives him direct insight into how the charging decision is made, what prosecutors prioritize in these cases, and where the factual presentation tends to be weakest.

Some harassment cases resolve through dismissal without ever reaching trial. The Adjournment in Contemplation of Dismissal, commonly known as an ACD, is a resolution available in certain misdemeanor and violation cases in New York, including harassment. Under an ACD, the case is adjourned for a period of time, and if the defendant has no further contact with the criminal justice system during that period, the charge is dismissed and sealed. Whether an ACD is the right outcome depends on the individual circumstances, including the strength of the People’s case, the client’s record, and whether the terms attached to the ACD are workable given the client’s life circumstances.

In cases where the factual record is genuinely contested, where an accuser has a motive to fabricate or exaggerate, or where the evidence of intent simply does not support the charge, trial becomes a serious option. Goldman has tried over 25 cases to verdict across a range of criminal charges and understands the distinct mechanics of presenting a harassment defense to a fact-finder, including how to handle complainant testimony, how to contextualize electronic communications, and how to keep the focus on what the statute actually requires rather than on the emotional weight the complainant brings to the proceeding.

Why Representation at The Law Offices of Jason Goldman Matters for These Cases

Harassment cases, particularly those touching domestic relationships, public figures, or contested professional settings, carry reputational weight that extends far beyond the courtroom. Goldman’s practice is built around the understanding that criminal exposure and public narrative are not separate problems. As a trusted advisor to high-profile clients and individuals facing life-altering legal situations, he has handled matters where media attention, collateral professional consequences, and personal reputation were as significant as the criminal exposure itself. That same framework applies to harassment clients whose cases could surface in a background check, a custody proceeding, a professional licensing review, or a news cycle.

His firm has represented corporate executives, medical professionals, entertainers, athletes, and individuals from across New York who found themselves in exactly the kind of legally and personally complicated situation that a harassment accusation creates. Named a New York Super Lawyers Rising Star and recognized by outlets including the New York Post and the New York City Bar Association, Goldman operates through his Criminal Courts Committee membership with a current, working understanding of how these cases move through the system. He is also a member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, the New York City Bar Association, and the New York Criminal Bar Association. For a criminal harassment attorney in New York, that institutional knowledge of how each borough’s court system operates, who is in the room, and what arguments land, is not background detail. It is the actual work.

Questions About Criminal Harassment Charges in New York

What is the difference between harassment in the first and second degree in New York?

Harassment in the second degree is classified as a violation, not a misdemeanor or felony, and covers a broader range of conduct including following, offensive physical contact, or repeated alarming communication. Harassment in the first degree is a Class B misdemeanor and involves a course of conduct that places someone in reasonable fear of physical injury. The practical difference matters: a misdemeanor conviction carries potential jail time, appears as a criminal conviction on your record, and has more significant collateral consequences than a violation, though neither outcome is risk-free.

Will a harassment conviction show up on a background check?

A harassment conviction that is a misdemeanor will appear on criminal background checks. A violation-level harassment conviction is technically a non-criminal offense, but it may still appear in certain background check searches depending on the database used and the context of the inquiry. In New York, sealed records are not accessible to most employers or landlords, which is one reason that outcomes like an ACD, which results in sealing, are often pursued even in lower-level harassment cases.

Can I be arrested for harassment even if there was no physical contact?

Yes. Physical contact is not required for a harassment charge in New York. Second-degree harassment specifically includes following someone in a public place and engaging in a course of conduct that alarms or seriously annoys another person without a legitimate purpose. Electronic communications, repeated phone calls, and social media contact can all serve as the basis for a harassment charge without any in-person interaction having occurred.

What happens if the alleged victim wants to drop the charges?

In New York, particularly in cases designated as domestic violence, the decision to pursue or drop charges belongs to the prosecutor, not the complainant. A complaining witness who no longer wishes to proceed can make that known to the District Attorney’s office, and prosecutors do sometimes decline to pursue cases where the complainant is uncooperative. However, prosecutors can and do proceed using other available evidence, including recorded communications, prior statements to police, and third-party witnesses. The complainant’s change of position helps, but it does not guarantee dismissal.

Does a harassment charge affect a pending family court matter?

It can, significantly. If there is an open custody or visitation proceeding in family court, a harassment charge, and particularly the order of protection that comes with it, can be introduced as evidence in that proceeding. A family court judge may consider it when evaluating parental fitness or when setting temporary custody arrangements while the criminal case is pending. The two proceedings are legally separate, but they are not factually insulated from each other, and what happens in one courtroom can affect the outcome in the other.

Can a harassment charge be expunged from my record in New York?

New York does not have a general expungement statute the way some other states do. Criminal records in New York are addressed through sealing rather than expungement. Under New York’s sealing statute, certain convictions may be eligible to be sealed after a waiting period following sentencing, subject to limitations on the number and type of prior convictions. Violations may be treated differently than misdemeanor convictions. An ACD or outright dismissal also results in sealing. Consulting with a New York criminal harassment attorney about the specific disposition in your case is the only way to get an accurate answer about what your record will show and what options exist.

What if the harassment allegation is completely false or retaliatory?

False and retaliatory harassment accusations are not uncommon, particularly in contentious divorce and custody situations, acrimonious business disputes, and neighbor conflicts where one party decides to use the criminal justice system as leverage. Building a defense around a false accusation requires thorough documentation of the relationship between accuser and accused, any prior threats to file charges, evidence of the accuser’s motive, and inconsistencies in their account. This is investigative defense work that benefits from being started as early as possible, before evidence becomes stale and before the prosecutor has built a one-sided record.

How does an order of protection issued in criminal court interact with a civil order of protection?

Criminal and civil orders of protection are issued by different courts and serve somewhat different procedural purposes, but they can coexist and the more restrictive of the two will effectively govern what the restrained party can do. An order issued in criminal court at arraignment typically remains in effect while the case is pending and may be extended as part of any plea or sentencing. A civil order obtained through family court or supreme court civil proceedings operates independently. Navigating both simultaneously requires attention to the specific terms of each order, as a violation of either carries its own consequences.

Are there defenses specific to harassment charges that involve text messages or social media?

Several genuine defenses apply specifically to electronic communication harassment cases. Authentication is one: screenshots can be manipulated, cropped for context, or misattributed, and prosecutors must establish that the communication actually came from the accused. Context is another: a single message may appear threatening or alarming when isolated but is clearly benign when the full thread is reviewed. The intent element is also contestable in communication-based cases, since not every message that alarms a recipient was sent with the purpose of alarming them. A defense attorney in these cases will review the full communication record, not just the portions the complainant selected for the police.

If the conduct happened online and the parties are in different states, which jurisdiction handles the case?

Jurisdiction in online harassment cases follows the location of the recipient in most circumstances. If the complainant received or accessed the communication in New York City, New York courts have jurisdiction to prosecute the matter regardless of where the sender was located when the message was sent. Multi-state online harassment situations can theoretically be addressed in more than one jurisdiction, and federal law may also apply in certain circumstances involving interstate electronic communications. An attorney familiar with how New York prosecutors approach these jurisdictional questions can assess the exposure on all relevant fronts.

Criminal Harassment Defense Representation Across New York City and the Surrounding Region

The Law Offices of Jason Goldman represents clients facing harassment charges and related accusations throughout all five boroughs of New York City and the broader metropolitan region. This includes clients in Manhattan neighborhoods from the Financial District through Midtown, the Upper East and Upper West Sides, Harlem, Washington Heights, and Inwood. In Brooklyn, the firm handles matters arising in Williamsburg, Park Slope, Crown Heights, Flatbush, Bay Ridge, Sunset Park, and Bed-Stuy, among other neighborhoods. Queens clients come from Flushing, Jamaica, Astoria, Jackson Heights, Forest Hills, Richmond Hill, and Bayside. In the Bronx, the firm serves clients from Riverdale, Fordham, Pelham Bay, and Mott Haven. Staten Island clients are represented from communities including St. George, Tottenville, and New Dorp.

Beyond the five boroughs, the firm extends its criminal harassment defense work to clients in Westchester County, including White Plains, Yonkers, Mount Vernon, and New Rochelle, as well as Nassau and Suffolk County clients on Long Island. For matters in state courts beyond New York’s direct jurisdiction, Mr. Goldman is available for pro hac vice admission, allowing representation in jurisdictions outside his home bars where appropriate. Whatever borough courthouse or state venue handles the case, the firm’s approach remains the same: careful factual preparation, attention to how the case is positioned from its earliest stages, and representation by an attorney who tries cases to verdict when resolution short of trial does not serve the client.

Speak with a New York City Criminal Harassment Attorney at The Law Offices of Jason Goldman

Harassment charges in New York deserve serious legal attention from the moment the accusation surfaces, not after weeks of court appearances have narrowed the options. As a New York City criminal harassment attorney, Jason Goldman brings former prosecutorial experience, trial-tested defense instincts, and a genuine understanding of how these cases develop across New York City’s court system to every client he takes on. His practice is selective by design, focused on clients for whom the outcome genuinely matters and who need representation that extends beyond showing up to court dates.

If you or someone you know is facing a harassment charge, has been served with an order of protection in connection with a criminal complaint, or has reason to believe an accusation is being investigated, contact The Law Offices of Jason Goldman at 275 Madison Avenue, 35th Floor, New York, NY 10016, or by email at jg@jasongoldmanlaw.com to discuss the matter in a confidential consultation.

Criminal Harassment Charges Pursuant to Penal Law 240.25 In New York, individuals can easily find themselves on either side of harassment charges. Hence, Penal Law 240.00, 240.26, and 240.25 criminalize harassing behavior for which someone can be prosecuted. In New York City, criminal harassment is defined under New York Penal Law § 240.25 . Criminal Harassment Charges Pursuant to Penal Law 240.26 New York Penal Law § 240.26 defines “harassment in the second degree.” This statute involves intentionally harassing, annoying, or alarming another person through specific behaviors. Importantly, however, if convicted of a penal law 240.26 harassment charge, the conviction itself will remain visible to the public on a background check, while a penal law 240.20 conviction will seal off your record within two-years.