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How to Beat a P.L. 240.30 Aggravated Harassment Charge
P.L. 240.30 Aggravated Harassment in the Second Degree is a common charge in New York. This article discusses what you can expect if you are facing a P.L. 240.30 charge.
If the prosecution charged you with P.L. 240.30 in New York City, contact Cody Warner, P.C. for a free consultation. We are NYC criminal lawyers who can assess your case and determine the best strategy for moving forward.
The Elements of a P.L. 240.30 Aggravated Harassment Charge
P.L. 240.30 is a big statute with many subdivisions. The exact text of the statute can be found here.
The subdivisions of P.L. 240.30 fall into two general categories.
First, situations where a person sends someone harassing communications. Such communications can include threatening communications. Repeated calls, even if unanswered, can result in a harassment charge if the purpose of the call was to harass the recipient.
Second, when a person subjects someone to Harassment in the Second Degree (P.L. 240.26) and a special factor (as listed in the statute) applies. Some examples of special factors include when the contact was towards a family member, transit worker, or for the purpose of discrimination. Many special factors exist and are outlined in the statute.
P.L. 240.30 Aggravated Harassment in the Second Degree is a class A misdemeanor. The maximum sentence is one year in jail. However, an experienced NYC criminal lawyer can help you avoid jail time and possibly get your charges dismissed.
Typical Outcomes for Aggravated Harassment Cases
You may have a strong defense to your P.L. 240.30 charge. Because the statute has so many subdivisions, no internet guide can fully analyze whether you may have a strong defense in your case. The outcome of your case will depend on the specific facts and the subdivision of P.L. 240.30 that the prosecution charged you with.
If you are charged with P.L. for allegedly sending harassing messages, you may have a 1st Amendment argument under the United States Constitution. In other words, you may have an argument that your communications are protected speech under the 1st Amendment. Your ability to use this defense will depend on the exact words you allegedly said.
Even if you don’t have a strong defense, an experienced NYC harassment lawyer may be able to get your charges reduced or dismissed. Your outcome may depend on whether you have an existing criminal record. If you don’t have a criminal record, your lawyer may be able to convince the prosecution to drop the charges.
Common outcomes for harassment charges include adjournment in contemplation of dismissal (ACD). When an ACD is granted, the case will automatically be dismissed in six months so long as you don’t get rearrested during those six months.
Need Help with a P.L. 240.30 Aggravated Harassment Charge?
If you are facing a P.L. 240.30 Aggravated Harassment charge in New York City, contact us at Cody Warner, P.C. for a free consultation. We can review your specific charges and discuss what happened. We can then develop the best defense strategy for your case to make sure you get the best possible outcome.