New York courts take the crime of menacing very seriously. Please continue reading to learn the penalties you can face for threatening someone in New York and how a trusted Rockland County Criminal Defense Attorney can help you navigate your options if charged with menacing.
What is Menacing?
Menacing is the crime of placing another person in fear of imminent physical injury or death. In other words, rather than causing someone physical harm, an offender threatens to do so. In New York, there are four meaning offenses. The least serious is menacing in the third degree.
What Are the Potential Consequences of Threatening Someone in New York?
Menacing in the third degree is a class B misdemeanor. This crime occurs when a person intentionally places or attempts to place another person in fear of death or imminent serious bodily injury. If convicted, you could face up to 90 days of imprisonment and may be ordered to pay a fine of up to $500. Depending on the circumstances of the crime, the court could also order you to serve a probation term of one year.
Menacing in the second degree is a class A misdemeanor, which is punishable by up to one year of imprisonment. This crime occurs when a person:
- Intentionally tries to put another in fear of death or serious bodily injury by brandishing a deadly weapon or dangerous instrument.
- Repeatedly engages in a course of conduct that places or attempts to place another person in reasonable fear of serious bodily injury or death.
- Commits the crime of menacing in the third degree despite knowing there is an active order of protection.
Menacing in the first-degree is a class E felony. If convicted, you could face up to four years of imprisonment. This crime is charged 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 peace officer or police officer within the last ten years.
It’s also possible to be charged with menacing a peace officer or police officer which is a class D felony. This crime occurs when a person places an officer in reasonable fear of serious bodily injury or death by brandishing a deadly weapon or dangerous instrument knowing they are not a civilian.
While you may initially believe menacing is a seemingly minor offense, it can result in time behind bars. As such, it’s in your best interest to contact a determined attorney from The Law Office of Carl Spector, who can examine the circumstances of your case and formulate a robust defense strategy to safeguard your interests.