What does HARASSMENT in 2nd Degree mean for Ithaca College and Cornell students?

(Patrick Swayze in ROADHOUSE....best Bar Fights ever!)

WHAT IS
HARASSMENT in the 2nd Degree
for Ithaca College and Cornell Students?

Fighting is a common occurrence at Ithaca College and Cornell University.  It happens at parties, in bars, and outside those places (usually alcohol is involved).   Like most NY crimes, there is a sliding scale based on if there is an injury to a person, if weapons were used, and number of people involved. 

            

Harassment in the 2^nd degree (Penal Law, s. 240.26)

            Under NY law, a person is guilty of Harassment in the Second Degree when, with intent to harass, annoy or alarm another person, he or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same.

Penalties:  This is a violation, not a crime.  (so no criminal record)

-can be sentenced to 15 days days in county jail

-fined up to $250.00

-court surcharge up to $125

-can given an Order of Protection to stay away from somebody

-usually must have no new arrests for 1 year (i.e. stay out of trouble)

HOW IS THIS CHARGED USED IN TOMPKINS COUNTY WHERE iTHACA COLLEGE AND CORNELL ARE LOCATED?

I have seen the Tompkins County DA's office ask for jail time on these charges.  It really depends on what happened.  In fights where somebody is injured, the charges can even be elevated to more serious charges, like Class A misdemeanors or even Felonies.  

Also, the local DA's office has even prosecuted cases for THREATS ALONE.  I know of a case last summer in Enfield, NY where the Defendant was sentenced to the max 15 days in jail, just for threats made inside a school.

On the flip side of things, I just had a Harassment 2nd case dismissed for my client in Ithaca City Court yesterday.  Every case is different and they all depend on the specific facts involved.  

It's a broad law that can be used as sort of a "catch all" for any kind of minimal violence or even threat of violence. 

So, be smart, if you get charged with Harassment 2nd in Ithaca or any of the surrounding counties, consult with a criminal defense attorney.  

BY:  Attorney Mike Cyr 

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

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