Can You Be Charged with a Crime for Slander in New York?

By max@dotcomlawyermarketing.com
July 8, 2024
5 min read
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Can You Be Charged with a Crime for Slander in New York?

At Spodek Law Group, we understand that accusations of slander can be extremely distressing. You may be wondering if you could face criminal charges for something you said about another person. Let's dive into this complex legal issue and explore whether slander is considered a crime in New York.

The Short Answer: No, But...

The short answer is that slander itself is not typically considered a criminal offense in New York. However, there are some important caveats and related issues to be aware of. While you likely won't face jail time for slander alone, you could still face serious legal consequences in civil court.

Understanding Slander in New York

Before we go further, let's break down what exactly constitutes slander:
  • Slander is a form of defamation involving false spoken statements that damage someone's reputation
  • It must be an untrue statement of fact (not just an opinion) made to a third party
  • The statement must cause actual harm to the person's reputation
Some key points about slander in New York:
Slander Basics in NY Details
Criminal offense? Generally no
Civil lawsuit? Yes, possible
Statute of limitations 1 year from incident
Potential damages Financial compensation
While slander itself isn't a crime, there are some related offenses that could potentially lead to criminal charges in extreme cases. We'll explore those next.

When Slander-Related Actions Could Lead to Criminal Charges

Although pure slander isn't criminalized, certain behaviors associated with defamation could potentially cross the line into criminal territory:

1. Harassment

If slanderous statements are part of a pattern of behavior intended to alarm, annoy, or threaten someone, it could potentially be charged as harassment. New York Penal Law defines several degrees of harassment, some of which are misdemeanors.

2. Stalking

Repeatedly spreading false information about someone as part of a course of conduct that puts them in fear for their safety could potentially be charged as stalking in some cases.

3. Extortion

Using the threat of spreading damaging (even if true) information to coerce someone could be considered extortion or blackmail, which are criminal offenses.

4. Hate Crimes

If slanderous statements are motivated by bias against a protected class (race, religion, sexual orientation, etc.) and lead to other criminal acts, hate crime charges could potentially apply.It's crucial to understand that these are extreme scenarios. In the vast majority of cases, slander remains a civil matter. However, it's always best to consult with an experienced attorney like those of us at Spodek Law Group if you're unsure about the legal implications of your actions.

The Real Risk: Civil Lawsuits

While criminal charges for slander are extremely rare, the more significant risk comes from civil lawsuits. If someone believes you've damaged their reputation through false statements, they can sue you for defamation in civil court.Here's what you need to know about defamation lawsuits in New York:
  • Statute of Limitations: You have only one year from the date of the alleged defamatory statement to file a lawsuit.
  • Burden of Proof: The plaintiff (person suing) must prove that your statement was false and caused them actual harm.
  • Potential Damages: If you lose a defamation lawsuit, you could be ordered to pay significant financial damages to compensate the plaintiff for their losses.
IMPORTANT: Even if you believe your statements were true, defending yourself against a defamation lawsuit can be extremely costly and time-consuming. That's why it's crucial to be cautious about what you say about others, especially in public forums or on social media.

Protecting Yourself from Slander Accusations

At Spodek Law Group, we've seen firsthand how damaging slander accusations can be, even if they don't lead to criminal charges. Here are some tips to protect yourself:
  1. Think before you speak: Always consider the potential consequences of your words, especially if you're angry or emotional.
  2. Stick to facts: If you must make negative statements about someone, ensure they are verifiably true.
  3. Be careful online: Remember that written statements (including social media posts) can be considered libel, which is treated similarly to slander.
  4. Document everything: If you're involved in a dispute, keep records of all communications and relevant facts.
  5. Consult an attorney: If you're accused of slander or are considering making potentially damaging statements about someone, talk to a lawyer first.

When to Seek Legal Help

If you find yourself in any of these situations, it's time to give us a call at Spodek Law Group (212-300-5196):
  • You've been accused of slander or defamation
  • Someone is threatening to sue you for something you've said
  • You're being harassed or stalked by someone spreading false information about you
  • You're considering making public statements that could damage someone's reputation
Remember, the earlier you involve an experienced attorney, the better we can protect your rights and interests.

Conclusion: Knowledge is Power

While slander itself may not be a crime in New York, the legal landscape surrounding defamation is complex. At Spodek Law Group, we're committed to helping our clients navigate these tricky waters. Whether you're accused of slander or believe you've been the victim of defamation, we're here to provide the expert legal guidance you need.Don't let fear of legal consequences silence you, but do be mindful of the power of your words. If you have any questions or concerns about slander, defamation, or related issues in New York, don't hesitate to reach out to us. Our experienced team is ready to fight for your rights and protect your interests.Remember, when it comes to matters of law, knowledge truly is power. Stay informed, stay cautious, and when in doubt, seek professional legal advice. Your reputation and peace of mind are worth it.

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About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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