If you assault someone, you intentionally cause serious injury to that person. However, if you do not cause any injury to him or her but do somehow threaten serious injury, you might be committing any number of other offenses, such as attempted assault, harassment, or menacing. Menacing, in particular, is much more serious than you might think, as it does carry serious implications and consequences. Below is an overview of menacing as it pertains to New York domestic violence and criminal laws.
Menacing: Definitions, Degrees, and Class Penalties
By New York law, menacing involves using physical “menace” or intimidation to put another person or attempt to put another person, in fear of death or serious physical injury. There are essentially four types of menacing charges in New York:
- Menacing in the Third Degree—A class B misdemeanor, menacing in the third degree occurs when you use physical intimidation to threaten someone into feeling as if their lives are in danger or their physical body is in danger of being harmed.
- Menacing in the Second Degree—A class A misdemeanor, menacing in the second degree may involve any of the following three requirements:
- The offender intentionally tries to put the victim in fear of death or physical harm by brandishing a weapon of some sort.
- The offender repeatedly does this same type of threatening of the victim more than once, potentially instilling in the victim even more fear of death or serious injury.
- The offender commits menacing in the third degree despite having full knowledge of an active order of protection, thus violating that order.
- Menacing in the First Degree—A class E felony, menacing in the first degree occurs when the offender 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 10 years.
- Menacing of a Peace Officer or Police Officer—A class D felony, menacing of a peace officer or police officer involves the offender putting the officer in reasonable fear of serious injury or death by brandishing a weapon knowing full well that the victim is indeed an officer and not a civilian.
Contact a Manhattan Criminal Defense Attorney
While it might not seem like menacing is as threatening as it sounds, New York law takes menacing very seriously, naming certain degrees of this offense as a felony instead of a misdemeanor. That is why if you are charged with menacing, you must reach out to a knowledgeable and skillful NYC criminal defense lawyer right away. Call JOEY JACKSON LAW, PLLC today at 833-563-9522 to learn about the types of strategies we can offer to give you the most appropriate and effective representation for your case.
Sources:
https://newyork.public.law/laws/n.y._penal_law_section_120.14
https://www.nysenate.gov/legislation/laws/PEN/120.15
https://www.womenslaw.org/laws/ny/statutes/sec-12013-menacing-first-degree