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 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.
