Contrary to popular belief, even if you don’t cause another person physical harm, but you threaten to do so, you can face serious criminal charges. If you have been accused of menacing in New York, you should not take these allegations lightly as this offense carries harsh penalties. Please continue reading to learn about the penalties you can face for threatening someone and how our dedicated Nassau County Criminal Defense Attorneys can help defend your rights.
What is Menacing?
Menacing is the crime of using threats to place another person in reasonable fear of immediate harm. Generally, no injury or physical contact is required. Menacing occurs when a person takes some action to scare someone with the fear of imminent harm.
What Are the Penalties for Threatening Someone in New York?
As mentioned above, under New York law, menacing involves doing something that places another person in fear of immediate physical injury or death. The severity of punishments for the four degrees of menacing in New York vary from a class A or B misdemeanor to a class D or E felony depending on the nature of the alleged acts.
- Menacing in the third degree: This offense is a class B misdemeanor that occurs when a person uses physical intimidation to place another person in fear of death or imminent serious bodily injury. The maximum sentence is a jail term of 90 days.
- Menacing in the second degree: This offense is a class A misdemeanor, which is punishable by up to one year of imprisonment. It occurs when a person:
- Intentionally tries to put the victim in fear of death or physical harm by brandishing a deadly weapon or dangerous instrument.
- Engaging in a course of conduct or repeatedly committing acts over a period of time intentionally placing or attempting to place another person in reasonable fear of serious bodily injury or death.
- Commits menacing in the third degree despite knowing an active order of protection, thus violating that order.
- Menacing in the first degree: This offense is a class E felony that occurs when a person commits menacing in the second degree despite having already been convicted of either menacing in the second degree or menacing of a police officer within the preceding ten years. This crime is punishable by up to four years of imprisonment.
- Menacing of a peace officer or police officer: This offense is a class D felony which occurs when a person puts an officer in reasonable fear of serious injury or death by brandishing a deadly weapon fully knowing that the victim is not a civilian. This crime is punishable by up to seven years of imprisonment.
If you have been charged with menacing, please don’t hesitate to contact an experienced Nassau County criminal defense attorney from KCS Law, who can help formulate a robust defense strategy. Connect with our firm today to discuss your case.
