Menacing is a serious offense in New York and differs significantly from assault charges. While assault typically involves physically injuring another person, menacing may be charged when someone intentionally causes another to fear physical harm – even if no injury actually occurs. If you’re unsure how these charges compare, read our blog on Assault vs. Menacing in New York for a detailed breakdown. With penalties ranging from misdemeanors to felonies, menacing can carry life-changing consequences. Our menacing lawyer defends individuals in Nassau and Suffolk Counties against menacing charges and related offenses such as harassment and domestic violence. Knowing how these charges are prosecuted can make a crucial difference in defending your case. Contact a reliable Nassau County criminal defense lawyer from The R.M.L. Law Firm, PLLC today.
The New York Law on “Menacing” Explained
In New York, menacing is classified into four degrees under Article 120. Each degree carries distinct elements and penalties, and understanding them can shed light on what a person accused of menacing might face.
Menacing in the Third Degree, Penal Law Section 120.15, Class B Misdemeanor
Menacing in the Third Degree is the least severe level. It occurs when a person intentionally places (or attempts to place) another in fear of one of the following:
- Death
- Imminent serious physical injury
- Imminent physical injury
This offense requires a “physical act,” meaning New York courts generally expect the accused to commit an action that is more than verbal threats alone. but be aware, that although words alone won’t lead to a menacing conviction, but they might lead to related charges, like harassment.
Reasonable Fear Requirement: New York law requires the accuser’s fear to be reasonable. Courts assess reasonableness through an objective standard, weighing whether a typical person would fear harm in the same situation.
Defining Physical Injury: A physical injury is any impairment of physical condition or significant pain. This means that testimony about substantial pain qualifies as a physical injury, even if there are no visible wounds.
Example Scenario: Suppose someone acts as if they will swing and punch another person. Here, the person on the receiving end could reasonably fear imminent physical injury, making this a textbook case of Menacing in the Third Degree.
Potential Penalties: Convictions for Menacing in the 3rd Degree can lead to up to 3 months in jail, 1 year of probation, and fines up to $500. Additionally, the court may issue an order of protection in favor of the accuser.
Menacing in the Second Degree, Penal Law Section 120.14, Class A Misdemeanor
Second-Degree Menacing is a more serious offense and can happen in several ways:
- Weapon Display: The accused intentionally places the accuser in fear of physical injury by displaying a weapon.
- Repeated Conduct: The accused repeatedly follows or engages in behavior over time that instills fear of physical injury in the accuser.
- Order of Protection Violation: The accused commits Menacing in the Third Degree while violating an existing order of protection.
Penalties for Menacing in the Second Degree: This offense is punishable by up to 1 year in jail, 3 years of probation, and fines reaching $1,000. An order of protection may also be issued in favor of the accuser.
Menacing in the First Degree, Penal Law Section 120.13, Class E Felony
First-Degree Menacing happens when a person commits Menacing in the Second Degree and has been convicted within the past 10 years of either Menacing in the Second Degree or Menacing a Police or Peace Officer.
- Penalties: As a Class E felony, Menacing in the First Degree carries potential penalties of up to 4 years in prison, 5 years of probation, and fines up to $5,000. Courts commonly issue orders of protection in these cases.
Menacing a Police or Peace Officer, Penal Law Section 120.18, Class D Violent Felony
This charge applies when someone displays a weapon and causes fear of injury in an officer performing official duties. The accused must know, or reasonably suspect, that the person is a police or peace officer on duty.
Penalties: This offense is a Class D violent felony under New York law. Conviction can lead to up to 8 years in prison and 3 years of post-release supervision.
The court may also impose 5 years of probation and fines of up to $5,000. An order of protection may be issued in favor of the officer.
Contact a Long Island Menacing Defense Lawyer Today
Menacing charges often surface in domestic disputes and paired with other criminal charges. For those accused of menacing in Nassau or Suffolk County partnering with a knowledgeable menacing lawyer is pivotal. A skilled Long Island Menacing criminal defense attorney understands menacing laws and can challenge the prosecutor’s evidence.
The R.M.L. Law Firm, PLLC, led by a former Nassau County prosecutor, has defended numerous menacing cases throughout Long Island. We leverage our comprehensive understanding of menacing laws to develop strategies tailored to each client’s unique circumstances.
If you or someone you know is facing menacing charges, don’t wait to seek help. Protect your future. Contact us to schedule a free consultation with an experienced Nassau County menacing lawyer from our firm today.
