Arrested for Harassment in Buffalo, NY? Understanding Your Options

Getting arrested is scary, I know. I’ve been there. When those handcuffs go on, your heart drops to your stomach. You feel powerless. Helpless. Your mind races with “what ifs.” What if I’m convicted? What if I go to jail? What if I lose my job? My family? My freedom? I totally get it. I’ve represented good folks just like you who found themselves on the wrong side of the law. But here’s the thing: an arrest does NOT equal a conviction. You still have options. And you still have rights. Don’t lose hope.

Take a deep breath. I’m here to walk you through this, step-by-step. I’ll explain exactly what harassment charges mean in New York. I’ll break down the possible penalties. And I’ll give you pro tips for building your strongest legal defense. My goal is to empower you with knowledge, so you can make informed choices about how to move forward. You got this.

What is Harassment in New York?

Let’s start with the basics. Harassment is a crime in New York State. The legal definition includes intentionally threatening or engaging in alarming conduct towards someone. Common examples are:

• Following or stalking someone
• Making repeated unwanted phone calls
• Sending threatening messages
• Using abusive language or slurs
• Unwanted touching or groping

Harassment crosses the line from rudeness into criminality when it puts someone in reasonable fear of harm. The key word is “reasonable.” Would an average person feel afraid in that situation? If so, it could be considered harassment.

Harassment Charges and Penalties

Not all harassment is treated equally under the law. There are varying degrees with different potential penalties:

Second Degree Harassment

This covers physical harassment like shoving, kicking, or unwanted touching. It’s a violation, not a full crime. The maximum punishment is 15 days in jail.

First Degree Harassment

This includes stalking, threats, or conduct that puts someone in fear of physical harm. It’s a class B misdemeanor with up to 3 months in jail.

Aggravated Harassment

This charge applies to threats motivated by bias or prejudice based on race, religion, gender, sexual orientation etc. It can be prosecuted as a class E felony with 1-4 years in prison.

As you can see, a harassment conviction can have life-changing consequences. So fighting the charges is critical. An experienced criminal defense lawyer can thoroughly analyze the evidence against you, identify any police mistakes or weaknesses in the prosecutor’s case, and build the strongest possible defense.

Creating Your Legal Defense Strategy

There are several potential defenses we would explore in fighting your harassment charges:

Mistaken Identity

If the accuser is mistaken and you weren’t actually the person who harassed them, we can argue mistaken identity. Physical evidence like cell phone location data can prove you were nowhere near the alleged harassment.

False Accusations

Unfortunately, false allegations do happen in harassment cases. If your accuser is lying or exaggerating, we can try to expose inconsistencies in their story to undermine their credibility.

Free Speech

The First Amendment protects your free speech rights. If the allegations stem from an argument or insults rather than true threats, we may be able to get the charges dismissed on constitutional grounds.

Mental Health

If mental illness contributed to your actions, we may be able to use that as a defense. An evaluation showing that you were having a psychiatric episode could potentially lead to reduced charges and sentencing.

Bail, Release and Conditions

After an arrest, the court will decide whether to release you or require bail. Factors considered include your criminal record, ties to the community, and whether you are deemed a flight risk or danger. If bail is set, you’ll need to pay the bail amount to get released until your trial.

The court may also impose release conditions like:

• Staying away from the accuser
• Avoiding further violations
• Attending counseling
• Maintaining employment

Any release conditions should be taken extremely seriously. Even minor violations could lead to bail revocation and pre-trial detention.

Plea Bargaining Options

Many harassment cases end in plea bargains rather than trials. This involves admitting guilt in exchange for reduced charges and a lighter sentence. For example, pleading to disorderly conduct rather than harassment.

While pleading guilty seems like admitting defeat, sometimes it is the wisest legal strategy. An experienced lawyer can advise if a plea deal makes sense in your specific situation. The goal is resolving the case as favorably as realistically possible.

Diversion Programs

For first-time and low-level offenses, prosecutors sometimes offer diversion programs as an alternative to traditional prosecution. These involve completing community service, counseling, or other requirements in exchange for avoiding a criminal record.

Diversion is appealing because it keeps your record clean if successfully completed. Traditional prosecution should still be seriously considered though. Consulting an attorney helps weigh the pros and cons of each option.

Orders of Protection

Harassment arrests often lead to orders of protection prohibiting contact with the accuser. If you share a home, child, or close relationship, this can cause major life disruption.

Defense strategies aim to prevent unfair orders that aren’t truly needed to protect the accuser’s safety. Negotiating mutual orders or exceptions allowing necessary contact helps minimize the impact on your life.

Immigration Consequences

For non-citizens, harassment charges carry the risk of very serious immigration consequences – even deportation. Defending against the criminal charges is critical. An immigration attorney can also advise on how to mitigate immigration penalties.

Finding the Right Lawyer

As you can see, defending against harassment allegations is complex. Finding an experienced criminal defense attorney is critical. Look for these important qualifications:

• Extensive record winning harassment cases
• Strong negotiation skills for plea bargaining
• Knowledge of diversion programs
• Skill at cross-examination to undermine witness credibility
• Creativity crafting constitutional defenses
• Experience handling orders of protection
• Understanding of immigration issues

Don’t leave your defense to chance. Interview lawyers and find someone who instills confidence they can build the strongest case. Many offer free consultations, so take advantage to ask key questions and assess if they are the right fit.

The lawyer-client relationship is deeply personal. You need someone who hears you, understands the full context, and will fight relentlessly on your behalf. Don’t settle for less.

Moving Forward Positively

An arrest sends your world into chaos. Emotions run wild. Fear and uncertainty cloud everything. It’s easy to feel powerless over your life. But you still have agency. Focus on the things within your control:

• Educate yourself on the legal process and possible outcomes
• Make smart choices about legal strategy
• Follow court orders and bail conditions
• Take care of your mental health and stability
• Lean on your support system
• Visualize getting through this and moving forward

This is just a season of life – it’s not the whole story. Don’t lose sight of who you are as a whole person. Don’t let this one mistake define you forever. Use this as a wake up call to make positive changes. Learn and grow from the experience. You have so much more life ahead to live.

I hope this overview helped provide some guidance on harassment charges in Buffalo. You’re not alone in this fight. Take it step by step and stay strong through the process. If you have any other questions, don’t hesitate to reach out. I’m always happy to help. Wishing you the very best.