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What is the penalty for Harassment 2nd Degree and Criminal Mischief for someone who already has a Harassment 2nd ?

Washingtonville, NY |

My estranged hisband has currently been charged with Harassment 2nd Degree and also Criminal Mischief. He has a prior Harassment 2nd Degree charge for which he recieved an ACD for one year. These current charges are both within that one year ACD time frame. What could the possible sentence be ?

Attorney Answers 2


  1. 2d degree harassment is a violation, not a crime, and the maximum jail sentence is 15 days and with good time credit, that translates to 10 days. Criminal Mischief can be a misdemeanor or a felony - you don't say which he is charged with. If it is a class A misdemeanor the maximum jail is one year which is 8 months with good time. The harassment 2d ACD can be re-opened so the exposure would be another 15 days (10 with good time). The total exposure appears to be 8 months and 10 days assuming the criminal mischief is a misdemeanor.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.


  2. The maximum sentence on a Harassment 2d Degree is 15 days jail. The prosecutor can seek to restore that case for violating the ACD by rearrest. The maximum penalty on the Criminal Mischief charge is one year in jail. If your husband violated an order of protection as well which he likely received in the first case, then he could also be facing Criminal Contempt charges.

    This response is for general information purposes only and does not constitute the formation of an attorney-client relationship. Past results do not guarantee future results.

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