Legal Question in Criminal Law in New York

Harassment in the digital age

I have been charged with harassment under NYS Penal Code 240.26(3). I wrote nine emails to an ex. None were particular threatening. They were certainly angry. But can we all grow up? This is 2009 and people write email ALL the time and if ''being annoyed'' and ''no legitimate purpose'' were truly criteria, I could charge half the people who write to me with this same charge.

My question is probably very vague and indefensible, but if somebody is a jerk, why is it a violation to tell them so - repeatedly. He never specifically told me to stop, and to me, that is what the charge hinges on. He went to the cops without ever having told me ''stop communicating with me.'' That seems wildly unfair in a world where people dash off emails and text messages with wild abandon.


Asked on 2/28/09, 8:31 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Harassment in the digital age

Your thinking is logical,but your actions may still be criminal. It all depends upon the specifics of the e-mails. I can help both in evaluating the seriousness and in defending the situation. Please contact my office @7188340087 for a free phone consultation.

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Answered on 3/01/09, 9:24 am
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Harassment in the digital age

You may have a valid defense.

Consult with criminal defense counsel before doing anything. You may also contact me to arrange a free consultation: info(at)nealspectorpc.com.

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Answered on 2/28/09, 9:33 pm


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