What is the Crime of Menacing in Brooklyn, NY?
New York Penal Code § 120.14, New York Penal Code § 120.15, and New York Penal Code § 120.13 define the crime known as menacing. The crime describes several threatening or stalker-like behaviors which indicate you might be a threat to the victim.
Menacing in the first degree is a felony. Menacing in the second or third degree are prosecuted as misdemeanors.
Menacing in the First Degree
Being charged with menacing in the first degree means you are being accused of threatening someone with a dangerous instrument or deadly weapon.
It is different from assault because you are not being accused of touching the person with a weapon. Nevertheless, threatening a person, either to scare them or to coerce them into doing something, is a crime in the state of New York.
Menacing in the Second Degree
If you’re being charged with the crime of menacing someone in the second degree you’re being accused of placing another person in reasonable fear of physical injury by displaying a deadly weapon or dangerous instrument. You didn’t directly threaten them, but you showed off a weapon in a way that caused distress.
You may also be charged with this crime if you are accused of repeatedly following someone or engaging in a course of conduct that intentionally places them in reasonable fear of injury or death.
Finally, you can be charged with this crime if you committed menacing in the third degree while violating a court order of protection.
Menacing in the Third Degree
If you are being charged with the crime of menacing someone in the second degree, you are being accused of placing another person in fear of death or imminent serious physical injury or imminent physical injury.
You did not use a weapon, but you made clear threats against another person. They believed those threats, and the courts find that any reasonable person would.
Get Help Today
While some of these crimes might seem relatively minor, being convicted of any one of them is a life-changing event. Even sentencing in the third degree could mean fines of up to $500 and jail time of up to three months. You’ll be burdened with a criminal record and may have trouble obtaining employment or housing even after you serve your time.
Contact the team at the Neil S. Ruskin law firm to get immediate help with your criminal case.