Legal Question in Criminal Law in New York

Re: duress and harassment

If you report this message to the police, it's probable they would charge him, with harassment 1st or 2nd degree. I can't say whether they would actually arrest him; they may, or they may only give him a notice to appear in court to answer the charges. It's hard to predict because the police will usually evaluate the case; thus, a protective order will probably be issued, but it's not guaranteed.

James S. Kats, Esq. [email protected]

Re: duress and harassment

There are a number of scenarios. For starters this person may be guilty of Aggravated Harassment as an A misdemeanor. That would mean that if the Police arrest the landlord would be facing a year in jail AND a restraining order.

Once an arrest were made, you would loose control over the prosecution as the D.A. would decide how to handle the case. On the other hand, there might be a civil action on your father and your behalf.

Finally, I guess you could just seek to file a police report so that the behavior is reported and could ask the Police to visit with this person and tell him to back off, on the other hand, the arrest would send a stronger message. Additionally you would have an order of protection which is some more protection. Hence, I would think pressing the charge would work better.

Good luck

Re: duress and harassment

Different police departments handle this situation differently. It begins with you and typically ends with them. As you mentioned several outcomes are possibe. But if you're dealing with an unstable person who is making threats make sure you consider your safety first.