Westchester County · PL 240.26

Harassment in the Second Degree Lawyer in Mount Pleasant — Mount Pleasant Town Court

This offense requires intent to harass, annoy, or alarm, plus one of three alternative forms of conduct: physical contact or an attempt or threat, following in or about public places, or a qualifying course of conduct or repeated acts. The statute excludes specified federally regulated labor activities from the following and repeated-conduct alternatives.

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One mistake should not define your life

Being charged is not the same as being guilty. An accusation can leave you worried about your family, your job, and your future. You deserve to be heard and treated as a person, not a case number. One mistake should not define who you are, and an accusation should not erase the rest of your story.

If you or a loved one is facing Harassment in the Second Degree allegations connected with Mount Pleasant Town Court in Westchester County, Yvonne is ready to help you understand the charge and the next steps. You do not have to face this uncertainty without guidance.

How this charge moves through this court

Mount Pleasant Town Court is located at Town Hall, One Town Hall Plaza, Valhalla, NY 10595. Check the date and location on your court papers and confirm any changes with your attorney. This court's role depends on the charge and stage of the case; this page does not mean that every charge is tried here.

Local courts generally handle misdemeanors and violations. For felony charges, they may conduct arraignment and preliminary proceedings; if the prosecution continues, later felony proceedings generally take place in County or Supreme Court. The particular path depends on the case.

What happens at your first appearance

Before your appearance at Mount Pleasant Town Court, Yvonne can review your papers, explain the purpose of the hearing, and prepare you for questions the judge may ask. At a criminal arraignment, she can explain the accusation and advocate for release or appropriate conditions where the law allows. The court decides; release without bail cannot be promised.

If an order of protection or another court condition is already in place, follow it even if you disagree and ask your attorney about anything unclear. Do not assume you may skip an appearance because you have counsel; confirm whether you must attend.

Definition under New York law

PL 240.26 · Original statutory wording; excerpts must be read together with the full section.

§ 240.26 Harassment in the second degree. A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person: 1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or 2. He or she follows a person in or about a public place or places; or 3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose. Subdivisions two and three of this section shall not apply to activities regulated by the national labor relations act, as amended, the railway labor act, as amended, or the federal employment labor management act, as amended. Harassment in the second degree is a violation.

Read the full section at the New York State Senate

In everyday language

At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.

CPL § 70.20

What the prosecutor must prove

The points below explain the legal requirements behind this accusation. They are not findings that you did anything wrong. Yvonne can compare each requirement with the evidence in your case and explain what it means for your defense.

The prosecutor must prove beyond a reasonable doubt that the person accused intended to harass, annoy, or alarm another person and engaged in at least one of the following alternatives; the alternatives are not cumulative.
Alternative 1: striking, shoving, kicking, or otherwise subjecting that person to physical contact, or attempting or threatening to do so.
Alternative 2: following a person in or about a public place or places.
Alternative 3: engaging in a course of conduct or repeatedly committing acts that alarm or seriously annoy the other person and serve no legitimate purpose.
Alternatives 2 and 3 do not apply to activities regulated by the National Labor Relations Act, Railway Labor Act, or Federal Employment Labor Management Act, as amended.

Defenses that commonly apply

A defense is not one-size-fits-all. These are issues an attorney may explore, not promises that a particular defense will apply. What happened before, during, and after the alleged incident can be important.

What evidence shows an intent to harass, annoy, or alarm rather than a different purpose?
Which alternative is alleged, and do the facts establish its particular contact, attempt, threat, public-following, or repeated-conduct requirements?
For the repeated-conduct alternative, was there a legitimate purpose, or for alternatives 2 or 3, was the activity regulated by one of the listed labor laws?

Penalties and collateral consequences

Maximum penalties are not a prediction of your sentence. The applicable law, your record, the evidence, and the resolution of the case all matter. Before making a decision, discuss possible effects on your work, family, driver's license, or immigration status, where relevant.

A Violation carries a maximum sentence of up to 15 days and a fine of up to $250.

Frequently charged alongside a domestic dispute. Even a violation can support an order of protection, so the long-term consequences can outweigh the 15-day maximum.

An experienced attorney, a strategy built around you

Yvonne Garbett has 24 years of experience as an attorney, admitted in 2002. She served as an Assistant District Attorney from 2002–2006 and has practiced criminal defense privately since 2006. She brings a prosecutor's perspective to evaluating the evidence and building a defense. She is ready to listen, explain your options, and work strategically with you toward the best possible result given your circumstances.

If the police made a mistake, the truth matters

Police reports do not always tell the whole story. If you believe an officer misunderstood what happened, identified the wrong person, or left out important facts, tell Yvonne. She can examine the available evidence, look for inconsistencies, and work to bring the truth to light. The defense depends on what the evidence actually shows, not assumptions about you.

Working together on your defense

Tell Yvonne what happened in your own words, what worries you most, and what you hope to protect. Keep your court papers and any relevant messages or records; do not delete or alter potential evidence. Together, you can consider the strengths and weaknesses of the case and decide on a strategy, whether that means challenging evidence, pursuing an appropriate negotiated resolution, or preparing for trial. No attorney can guarantee an outcome.

Text us immediately · (845) 290-2492

Common questions about your defense

Can a legitimate purpose matter to a second-degree harassment defense?

The course-of-conduct or repeated-acts alternative expressly requires that the conduct serve no legitimate purpose. Evidence of a legitimate purpose could challenge that alternative, but does not automatically defeat the separate physical-contact or public-following alternatives. The prosecutor must prove the required intent and the applicable alternative beyond a reasonable doubt, subject to the stated labor-activity exclusions.

Why is starting a defense early imperative?

An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.

How does an experienced lawyer help build the best possible defense?

Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.

Does an arrest or police report prove the charge?

No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.

Can the charge be dismissed or reduced?

That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.

Every case turns on its own facts. The information on this page is general, not legal advice.

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