At The Law Office of Siara Ossa, PLLC, we fight every case with one goal in mind: results.
Recently, we secured a full dismissal of all charges in a Nassau County criminal case involving allegations of Stalking in the Fourth Degree and Harassment in the Second Degree—two charges that are often misunderstood and frequently overcharged.
The Allegations
In this case, the defendant was accused of:
- Sending a large number of text messages to a real estate professional
- Showing up at the complainant’s residence yelling, banging on the door, and tampering with their Ring Doorbell camera
- Allegedly causing alarm and annoyance
Based on these allegations, the prosecution charged:
- Stalking in the Fourth Degree (PL § 120.45(2))
- Harassment in the Second Degree (PL § 240.26(3))
On paper, these charges can sound serious. But in New York, what matters is not just what is alleged—but how it is legally proven.
The Defense Strategy
We moved to dismiss the case as facially insufficient—meaning the allegations, even if taken as true, did not legally establish the crimes charged.
Our arguments focused on key issues:
1. No “Legitimate Purpose” Was Not Properly Alleged
Both stalking and harassment charges require proof that the conduct served no legitimate purpose if charged under that specific statute.
Here, the alleged communications arose out of a business relationship—a real estate transaction dispute.
The Court agreed that:
- The accusations stemmed from dissatisfaction with services
- There were no non-hearsay factual allegations showing the messages were intended to threaten, intimidate, or harass;
Instead, the allegations were conclusory—simply labeling messages as “unwanted” is not enough.
2. Failure to Establish a “Course of Conduct”
Both charges require a pattern of conduct, not a one-off incident.
While the prosecution pointed to:
- Text messages and the incident at the complainant’s residence
The Court found:
- The text allegations were insufficient and the alleged home visit was an isolated incident, not a continuing course of conduct
Without a legally sufficient pattern, the charges could not stand.
3. Lack of Non-Hearsay Evidence
In New York, misdemeanor complaints must contain non-hearsay factual allegations supporting every element of the offense.
The Court emphasized that:
- The prosecution failed to include specific content of the messages;
- The attached supporting depositions failed to properly identify the defendant as the person who sent the alleged texts;
- There was no factual basis establishing criminal intent.
This is a critical issue we regularly litigate—because procedural defects win cases.
The Result: FULL DISMISSAL
After reviewing the motion, the Court held:
The accusatory instrument failed to allege non-hearsay facts establishing an essential element of both charges…
✅ All charges dismissed
✅ Case terminated
✅ Client protected from criminal record and further prosecution
Why This Matters
This case highlights something many people don’t realize:
👉 Not every accusation equals a crime.
👉 Not every case should proceed to trial.
In fact, many cases can—and should—be dismissed before trial when:
- The paperwork is defective
- The allegations are conclusory
- The legal elements are not met
This is where experienced criminal defense makes all the difference.
Facing Stalking or Harassment Charges in Nassau or Suffolk County?
If you or someone you know is facing charges like:
- Stalking
- Harassment
- Aggravated harassment
- Domestic-related offenses
You need an attorney who knows how to:
- Attack the accusatory instrument
- Identify facial insufficiency
- Challenge the prosecution at the earliest stage
📍 Based in Long Island
⚖️ Former Public Defender
📞 Aggressive, strategic defense from day one
Contact The Law Office of Siara Ossa, PLLC
If you’re facing criminal charges, don’t wait.
Early intervention can mean the difference between:
- A dismissal
- Or a lifelong criminal record
Call today for a consultation at 347-733-5612.