Thursday, September 5, 2013

Brooklyn Brothers Receive No Jail Time for Bullying Sex Abuse Victim's Boyfriend

Brooklyn Brothers Receive No Jail Time for Bullying Sex Abuse Victim's Boyfriend

Three Brooklyn brothers, Jacob, Joseph and Hertzka Berger admitted that they tried to bully a restaurant owner, Hershey Deutsch last year, by ripping the kosher certificate off the wall at a restaurant. Deutsch is now the husband of former sex abuse victim and star witness against the influential Hasidic counselor Nechemya Weberman. in Brooklyn’s Satmar Hasidic Community. Although the three Berger brothers had nothing to do with the Weberman case, the incident at the restaurant owned by Deutsch revolved around a fundraiser that was being held at the time for Weberman. 

Nechemya Weberman was convicted last year of 59 counts, including sustained sexual abuse of a child, endangering the welfare of a child and sexual abuse and is serving a 50 year sentence in prison for molesting a young girl who came to him with questions about her faith. The victim, who is now 18, went to authorities in February 2011 and told them in detail about the abuse. According to a report in The Daily News, Weberman may have violated at least 10 other victims, some of whom were married woman, who came to him for counseling.

The three brothers were facing misdemeanor coercion. Brooklyn Supreme Court Judge, Danny Chun, allowed the three to plead guilty and receive conditional discharge, as long as they agree to stay out of trouble for one year over the objections of prosecutors. Jacob Berger also plead guilty to felony mischief and was required to pay a $500 fine. Mr. Deutsch shut down his restaurant after the incident. There is another case pending against the fourth suspect in the harassment and bullying case, who allegedly offered Mr. Deutsch $500,000 to drop the charges.

Mr. Deutch said:

“He was happy it’s over, even though they deserve a bigger punishment in my and the entire world's eyes,... The judge has his rules, and he made them pay what he thinks is fair...." the case has still sent a message to those who harass or intimidate victims and their family. This should be a lesson to the entire community that we won't stay quiet anymore, we will raise our voice and make sure every person involved will get the punishment they deserve..."

New York Bullying, Harassment Crimes and Criminal Mischief Property Damage Crimes
Bullying and harassment and are illegal in New York. Under Penal Code Sections 240.26 and 145, hharassment, criminal mischief property crimes, discrimination and hate crimes are all considered part of bullying behavior.

Bullying is when one person displays behavior that intends to harm or cause harm against someone including repetitious behaviors against the same person. Bullying can be verbal, social or physical. New York schools have a zero tolerance for bullying, and the State has enacted legislation protecting students against bullying.

Harassment in the second degree is when a person acts with the “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.”

Harassment in the second degree is considered a violation.

Harassment in the first degree is when  a person “intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury.”
Harassment in the first degree is considered a class B misdemeanor.

Criminal mischief and criminal tampering are two classes of property damage crimes in New York.

New York Penal Code 145 separates the property damage offense of criminal mischief into four separate classifications of felony and misdemeanor charges. The determining factors are the cost of the damage and the means of destruction in determining the severity of the charge.

Criminal Mischief in the 4th Degree

Criminal mischief in the 4th degree consists of the following acts of intentionally damaging someone else’s property without permission to do so:
“1. Intentionally participated in the destruction of an abandoned building.
  2.  Recklessly damaged property of someone else’s where the damage is valued at more than $250.
  3. Intentionally disabling a communication device when someone is attempting to seek emergency assistance from someone else in order to protect themselves or someone else from imminent physical injury.”
Criminal mischief in the 4th degree is considered a Class A misdemeanor, which carries a jail sentence up to one year and a $1,000 fine.

Criminal Mischief in the 3rd Degree

Criminal mischief in the 3rd degree consists of the following acts of intent to damage someone’s property without having the right to do so:
“1.  Having 3 or more prior criminal mischief convictions, you break into a locked vehicle with the intent of stealing property,
  2.  Damage someone else’s property where the damage is valued at more than $250.”
Criminal mischief in the 3rd degree is considered a Class E felony punishable by up to 4 years in prison.

Criminal Mischief in the 2nd Degree

Criminal mischief in the 2nd degree occurs when you act with intent to damage someone else’s property and the damages are valued in excess of $1,500.
Criminal mischief in the 2nd degree is considered a Class D felony, which carries a prison sentence up to 7 years.

Criminal Mischief in the 1st Degree

Criminal mischief in the 1st degree criminal mischief occurs when, acting with intent, you damage someone else’s property using an explosive device.
This is the most serious of all criminal mischief offenses and is considered a Class B felony charge, which carries a prison sentence up to 25 years.

NYC Criminal Defense Attorney

If you or a loved one has been charged with misdemeanor or felony relating to bullying or related offense in New York or the surrounding areas, a good criminal defense attorney will be able to help you fight your charges. The criminal defense attorneys at our firm represent minors and adults charged with bullying, harassment, hate crimes and other related crimes. Our NYC criminal defense attorneys will protect your rights and negotiate a reasonable disposition of your case, including trying to get the charges dropped for lack of evidence.


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