Menacing (PL 120.15, 120.14, 120.13) Defense Lawyer NYC
What is menacing? In New York, menacing happens if you, by physical menace, intentionally place or attempt to place another person in fear of death, imminent serious physical injury, or physical injury. A menace is a person or thing likely to cause harm; a threat of danger.
Differences between first and third degree menacing:
| Menacing 3rd degree, PL 120.15 | B Misdemeanor | Up to 90 days |
| Menacing 2nd degree, PL 120.14 | A Misdemeanor | Up to 364 days in jail |
| Menacing 1st degree, PL 120.13 | E Felony | Up to 4 years (with no prior felonies) |
When it comes to menacing, you've menaced someone if you intentionally place another person in fear of death or imminent serious physical injury or imminent physical injury by physical menace when your conscious objective or purpose was to do so. This can be charged as menacing in the third degree, PL § 120.15, a class B misdemeanor punishable by up to 90 days
If the menacing happens with the use of a deadly weapon, dangerous instrument, or what appears to be a firearm or the menacing happens over a period of time, or is in violation of an order of protection, it can be elevated to menacing in the second degree, P.L. 120.14, a class A misdemeanor, punishable by up to a year in jail. If someone commits menacing in the second degree and has been previously convicted of menacing in the second degree, it can be charged as menacing in the first degree, PL 120.13, a class E felony punishable by up to 4 years in prison.
NYC Menacing Defense Attorney
Over the years, we have defended numerous menacing cases in New York City. Many menacing cases happen in the context of domestic violence, a bar fight, or other altercation between people known to each other but it can also happen between strangers. Menacing can be charged even if no weapon was used. If menacing by use of a weapon (menacing in the second degree) is charged, no weapon needs to have been found by the police if the victim is saying that they observed it. Menacing cases often come down to the credibility of the eye witness. If the witness is believable and had a good opportunity to see what was happening, the case may be strong. If questions can be raised about the witness's account, it may become impossible to prove the charges. So, our defense strategy in menacing cases starts with taking a good look at the witness and also the alleged motive for the menacing, and surrounding circumstances. We have successfully defended menacing charges due to lack of proof beyond a reasonable doubt, police or prosecutor error, witness credibility issues, mitigation, and on other grounds. If you or a loved one has been charged with menacing in New York City, please contact us for acase evaluation.