Legal Question in Civil Litigation in New York

I have a harassment charge from a prank call to my ex-boyfriend and his girlfriend. I used a prank app on my phone and called multiple people, not just them. Can I go to the police and show them that it was multiple people and I am actually the one being harassed from text messages and Facebook? She has engaged in them I have never contacted her and she has text messaged me calling me a whore when I never said anything to her. Is there anything I can do to either press charges on her or nullify my charges?


Asked on 2/20/12, 12:52 pm

2 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

You could contact the police or district attorney's office to file a complaint but that won't help your own case.

In a criminal matter, unlike a civil matter, the plaintiff is the State of New York and not a person, so it makes little difference if you also file a complaint.

There is also no legal defense of 'self defense' to a harassment charge. Being prank called or harassed doesn't give you legal grounds to prank call or harass others.

My office handles misdemeanor harassment charges. If you would like a fee quote, please contact us.

Best of luck,

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Answered on 2/25/12, 3:32 pm


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