Menacing is one of the most common crimes that involve doing something that puts another person in danger of physical injury. You do not have to inflict an injury on a person to be charged with menacing. This statute provides that you only threaten another person with physical injury if you display a weapon as your action, then you will be charged with second-degree menacing as defined under the New York Penal Code: 120: 14. For you to face prosecution under this statute, the prosecutor must show the following:
1. You committed the third-degree menacing crime in violation of a protection order, or
2. You engaged in a cause of conduct or followed someone repeatedly to place them in fear of death or physical injury, or
3. You intentionally placed someone in a reasonable fear of death or injury by displaying a dangerous instrument or deadly weapon.
Two women come shouting over issues concerning drugs. One woman came out claiming that the other woman stole a bunch of marijuana from her. In that incidence, the woman pulled out a gun and pointed it out to her. While she threatens to use the weapon, she does not use it. Instead, she pulls back the gun and walks away to her car. The woman who pulled out her gun could face a second-degree menacing charge because she displayed a deadly instrument or weapon to put the other in reasonable fear of death or physical injury.
1. First-degree criminal contempt: New York Penal Code 215:51
2. Menacing a peace officer or a police officer: New York Penal Code 120:18
3. Third-degree menacing: New York Penal Code 120:15
4. First degree menacing: New York Penal Code 120:13
For you to defend a third-degree menacing charge, you must prove to the judge that you did not display a dangerous weapon or deadly instrument. Not every knife or gun is necessary a hazardous or deadly weapon. For instance, a small utility knife can be used for many other purposes than just threatening another person. For this reason, it is not serious to threaten the life or another person or cause a physical injury.
Because the second-degree menacing is a class A misdemeanor, you are likely to face a one-year jail term if found guilty. You will be taken to a county jail. However, the judge can opt to sentence you to a probation term instead of a typical jail term. Also, you may be required to pay a fine of $1,000 instead of going to jail.
New York Penal Code 120.14: second-degree menacing
A person is found guilty with a second-degree menacing when:
1. He or she attempts or intentionally places another person in fear of death or physical injury by displaying a dangerous weapon or deadly instrument. You can also display anything that appears to be a revolver, gun, pistol, machine gun, short gun, or any other firearm.
2. He or she repeatedly follows another person repeatedly in a manner that suggests they might be in danger of physical harm or death.
The NYC Criminal Attorneys Law Firm
You might think that being arrested for a second-degree misdemeanor offense is not so serious. However, this is a serious offense. The conviction resulting from this offense can affect you for the rest of your life living with a criminal record. You may spend one year in jail away from your family members and close friends. However, there are many defenses associated with this criminal offense to make it dropped or reduced. The staffs at the NYC Criminal Attorneys Law Firm have enough experience in representing and defending clients with criminal charges. Please contact us for a free consultation session.