Legal Question in Criminal Law in New York

Harrassment/Menacing

I have been recieving harrassing text messages from a person/cell phone number i do not recognize. The person claims they know who I am and has threatened me by telling me that they are going to hurt me, to stay out of their neighborhood if i do not want to die, and that they are going to kill me. Although some immature people might find pranks like this amusing, I myself am not sure if it is a prank or if someone out there is serious and is planning on hurting me. I still have the text messages that were sent/recieved in the conversation, along with the phone number from which it came. I am also pretty sure that my cell phone carrier can supply me with a written copy of the text messages if needed. I'm not sure if this is considered harrassment or menacing or can be done to ensure my safety. Can anyone help me understand my options and possible resolutions for this situation?


Asked on 2/23/09, 8:15 pm

1 Answer from Attorneys
Matthew Schwartz Schwartz & Ponterio, PLLC

Re: Harrassment/Menacing

You have civil and criminal options.

Depending on the number and content of the messages, there may be a basis for asserting criminal charges. A threat to cause physical harm certainly would be a basis for criminal charges. If a criminal case is filed, the court will likely enter an order of protection directing the defendant not to communicate with you any further. A violation of an order of protection would lead to further criminal charges.

You would also have the ability to file a civil case and get a court order directing no further contact. You may also have a claim for civil assault, but that would depend on the content of the mesage and its effect on you.

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Answered on 2/24/09, 8:50 am


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