Legal Question in Criminal Law in New York

filing harassment charges

My neighbor waited on a side street until I approached the intersection and squealed her tires and floored her auto in front of me cutting me off and nearly causing an accident. I called the police and they said she called it in right after I did as said her children were running around inside the van and distracted her driving. This is an ongoing neighbor dispute and I feel she was waiting for me to frighten and harass me. Could I file charges for her arrest?


Asked on 7/29/99, 5:20 pm

1 Answer from Attorneys
Philip Schnabel Schnabel Law Office

Re: filing harassment charges

NY Penal Law Sec. 240.26 defines harassment as, inter alia, "commits acts which serve no legitimate purpose." Here it appears that your neighbor satisfactorily explained her conduct to police, who found no probable cause to pursue the matter.

In this instance you should refrain from instituting proceedings against her based on this incident, for you could be liable civilly to a claim of malicious prosecution, where the police have found no probable cause in the first instance to arrest.

Should other acts constituting harassment continue you should first seek an order of protection from the Court, a violation of which would constitute grounds for an arrest.

Read more
Answered on 7/30/99, 8:03 pm


Related Questions & Answers

More Criminal Law questions and answers in New York