Is Aggravated Harassment In the Second Degree A Domestic Violence Offense?

New York State generally does not have any criminal offenses that are specifically categorized as “domestic violence” offenses.

Instead, an offense may be categorized as “domestic violence” if the victim is a family member or a member of the household where the defendant resides.

There are several offenses, however, that New York classifies as “family offenses” if the victim is a family member.

A defendant who commits a family offense may be charged in criminal court or, if the victim chooses, in family court.

This means that in the Rochester area, such charges may be brought in the Erie County Family Court.

Aggravated Harassment in the Second Degree is one of the offenses that is classified as a “family offense” and may be brought it either criminal court or family court.

While there are several different actions that may result in this charge, in domestic situations, the charge will usually involve either

  1. communicating with a family member by telephone, mail or electronically (such texts or email), with intent to harass, annoy or alarm; or
  2. causing physical injury to a family or household member by striking, shoving, kicking or otherwise physically contacting them.

The first of these two situations is frequently charged for harassing phone calls made after one family member has left the household pending a divorce.

The second is seen in situations where physical violence has occurred between family members but the injury is not serious enough to charge assault.

If you have been arrested as a result of a domestic situation, we would like to hear your side of the story. Call us at 585-484-7432.

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