Menacing is one of the most common crimes that involve doing an action that places an immediate person in fear of death or physical injury. For you to be charged with the menacing crime, you don’t have to inflict any physical injury. Under the New York Penal Code, there are four menacing offenses. Menacing in the first, second, third, and fourth degrees are most common. Moreover, you can menace a peace officer or a police officer in the line of duty. Under the New York penal code 120:13, you can be prosecuted for the first-degree menacing offense if you have ever committed a menacing offense in the second degree. You can also face this charge if you committed this crime within the past one decade. If you have ever convicted for committing a menacing crime against a police officer or a peace officer, you can face this charge in a New York criminal court.
The defendant held a big knife across her woman’s neck and threatened to kill her. During the action, the man did not touch the woman’s body with that knife. In this case, he did not also cause any physical injury to her body. Since the knife can be classified as a dangerous instrument or deadly weapon, the man can be charged with a first-degree menacing crime in a criminal court if he has been convicted of a second-degree menacing crime. Otherwise, the man could be accused of a second-degree menacing charge.
1. Menacing a peace officer or a police officer: New York Penal Code 120:18
2. Third-degree menacing: New York Penal Code 120:15
3. Second-degree menacing: New York Penal Code120:14
To be convicted of the first-degree menacing offense, the prosecutor must be ready to prove to the court that you threated another person with a deadly weapon or dangerous instrument. As a matter of fact, not every knife is always a dangerous instrument or a deadly weapon. For instance, a common butter knife or loaf knife cannot be considered as a dangerous weapon.
First degree menacing is one of the most serious offenses in the criminal court. It is classified under the class E felony. A four-year term in prison is one of the possible sentences you are likely to face if you are found guilty. You can also face a five-year probation jail term with the inclusion of a $5,00 fine to compensate the victim.
New York Penal Code 120.13: Menacing in the first degree
A person is said to be guilty of committing a first-degree menacing offense when he or she commits the menacing crime in the second degree. During the second-degree menacing crime commitment, the person must have been convicted. You are also likely to be charged with the first-degree menacing crime if you have been previously accused of menacing against the peace officer or a police officer within the past one decade.
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The consequences of the conviction for the first-degree menacing crime is so severe. While most people think that this is a small crime, they will realize how wrong they are after facing a prison sentence. This crime will give you a straight ticket to land in a county correction facility accompanied by a heavy fine. In the end, you will face the world with a criminal record. However, an experienced defense against these charges can result in the charge being reduced, dropped, or acquisition. The staff at NYC Criminal Attorneys Law Firm has many years of professional experience in successfully defending their clients in the New York Criminal Courts. For a free consultation, please call the law firm and talk to an experienced legal representative.
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