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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  10+ years defending Misdemeanor and Felony cases.
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Hi, A few weeks ago, I contacted my ex-wife through a made

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Hi, A few weeks ago, I contacted my ex-wife through a made up facebook account. She worked for a friend of mine and kept property from that job, upon quitting on the spot. My friend was upset, so I sent her an email through this facebook account, telling her I wanted her to return the items. She claimed that I threatened her well-being but I did not do this. I only threatened her with legal action (she has done things to cost me a lot of money and I was merely implying this. But I did cuss and degrade her appearance. I said things like I will make your life worse than it is...then my last sentence included "legally". Well, she called the police, made a report and filled out an affidavit stating she wanted me arrested for harassing her and that she feared for her safety. She filed an temporary order of protection but never showed up to the hearing, so it was vacated. But just today, in the mail, I got a "Criminal Summons" from the town she lives in. But I am being charged with Aggrevated Harassment in the 2nd degree. My questions are, is what I did indeed Aggrevated Harassment in the 2nd degree? I have emails showing that I only threatened her with legal matters and I did cuss at her and put down her appearance. Also, I have to go down to the police station to get fingerprinted and photographed before the hearing. Is there a chance I can be arrested when I go do this? I have a clean record and no convictions of any kind. If I am convicted, will they go easy or is there a good chance I can spend time in jail? I will lose my job if this happens. I am very concerned. Also, I contacted the officer who called me when she filed the report (he was there when I sent another email...I thought it was one of her friends playing games with me, so I told her to stop having her friends call me pretending they were police and some explatives intermingled). But I want to talk to him, is this  a good idea? or should I  not do this? Thanks for you time.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. The first thing you want to do is review the statute under which you are charged and apply the facts of the case to it, to determine if there is a legal basis to charge you. I have provided it below for your review. Subsections (a) and (b) could likely be supported, based upon how she interpreted the communication. If you were going to be physically arrested, the police would have appeared at your home, not sent a summons. You will likely be printed and photographed and released. Since you are a first time offender and have a clean record, it is HIGHLY unlikely that the State would seek any jail time. If anything, a probationary sentence would be imposed, along with fines, court costs and a no contact order. You also have every legal right to defend this and are not forced to take a plea if you do not want to, if it could subject you to losing your job. You should consider retaining legal counsel, who can look over the facts of the case and see if you have any defenses to raise or if the State has a weak case and it is worth going to trial. If not, they can work out a plea, that is in your best interest.

§ 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when,
with intent to harass, annoy, threaten or alarm another person, he or
she:
1. Either (a) communicates with a person, anonymously or otherwise, by
telephone, by telegraph, or by mail, or by transmitting or delivering
any other form of written communication, in a manner likely to cause
annoyance or alarm; or
(b) causes a communication to be initiated by mechanical or electronic
means or otherwise with a person, anonymously or otherwise, by
telephone, by telegraph, or by mail, or by transmitting or delivering
any other form of written communication, in a manner likely to cause
annoyance or alarm; or
2. Makes a telephone call, whether or not a conversation ensues, with
no purpose of legitimate communication; or
3. Strikes, shoves, kicks, or otherwise subjects another person to
physical contact, or attempts or threatens to do the same because of a
belief or perception regarding such person's race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct; or
4. Strikes, shoves, kicks or otherwise subjects another person to
physical contact thereby causing physical injury to such person or to a
family or household member of such person as defined in section 530.11
of the criminal procedure law.
5. Commits the crime of harassment in the first degree and has
previously been convicted of the crime of harassment in the first degree
as defined by section 240.25 of this article within the preceding ten
years.
6. For the purposes of subdivision one of this section, "form of
written communication" shall include, but not be limited to, a recording
as defined in subdivision six of section 275.00 of this part.
Aggravated harassment in the second degree is a class A misdemeanor.

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