Facing New York menacing charges can be daunting, as it involves accusations of making threats or engaging in actions that put others in fear of physical injury or physical harm, even without physical contact. If you’re dealing with menacing charges in New York, it’s crucial to seek the representation of a Nassau County Long Island violent crimes attorney. A strong criminal defense strategy is essential to achieving favorable outcomes and protecting your future. In New York, menacing convictions can lead to a permanent criminal record, impacting various aspects of your life. A criminal defense attorney can help challenge the evidence and work toward the best possible resolution for those who have received New York menacing charges.
Contact attorney Gianni Karmily today to schedule a case evaluation. Call the Great Neck location at (516) 630-3405 or the Hempstead location at (516) 614-4228.
Menacing Definition Under New York Law
In New York, menacing involves making threats or any behavior that intimidates another person, placing that person in reasonable fear that you will cause serious physical injury. New York menacing charges encompass various actions, such as making threats verbally, displaying a real or fake deadly weapon, or acting in a threatening manner.
Unlike many states, New York penal law does not recognize “battery charges.” So, in New York, assault or battery charges would instead read, “assault or menacing charges.”
Under New York law, menacing offenses often overlap with other related offenses like unlawful imprisonment, reckless endangerment, and aggravated harassment, where the defendant’s behavior puts another person in reasonable fear of physical injury or physical harm imminently. If facing these charges, a Nassau County, Long Island violent crimes attorney can offer crucial defense strategies to address and mitigate the allegations.
What is a Reasonable Fear of Physical Injury?
Under New York law, a reasonable fear of physical injury means that another person in reasonable fear of physical injury perceives a credible threat of imminent physical injury. This involves actions or conduct directed at such victim that would cause a reasonable person to fear physical injury. The perpetrator must have actual knowledge that their actions are likely to instill this fear. This can include physical intimidation, verbal threats, or gestures that suggest immediate physical injury or harm.
Menacing Charge New York
In New York, menacing offenses are categorized into different degrees based on the severity of the threat and the circumstances–third-degree menacing, second-degree menacing, and first-degree menacing.
Third-degree menacing involves intentionally placing another person in fear of imminent physical injury or death. Second-degree menacing includes using a deadly weapon or dangerous instrument to instill fear of serious injury or death. First-degree menacing occurs when someone has been previously convicted of second-degree menacing and commits the offense again. Additionally, in New York, menacing a police officer or a peace officer is a separate charge, which involves threatening a law enforcement officer while they are performing their duties.
Menacing 3rd Degree NY: Threat of Serious Physical Harm Or Serious Physical Injury
In New York, a person can receive third-degree charges if he or she, by physical menace, intentionally places another person in fear of imminent serious physical injury, physical injury, or death. Physical menace is any action that can be perceived as dangerous.
Menacing in the third degree is a Class B misdemeanor under New York Penal Law Section 120.15.
Menacing 2nd Degree NY: Menacing With a Deadly Weapon
Under New York penal law, someone commits menacing in the second degree if he or she:
- Intentionally places another person in fear of physical injury or death by displaying a deadly weapon, dangerous instrument, or other firearm, or what looks like a deadly instrument or other firearm;
- Repeatedly commits acts of mental or physical intimidation, such as following a person or engaging in a course of conduct that intentionally places another person in fear of physical injury, serious physical injury or death; or
- Commits menacing in the third degree in violation of an order of protection.
Menacing in the second degree is a Class A misdemeanor under New York Penal Law Section 120.14.
Menacing 1st Degree NY
In New York, menacing in the first degree occurs when someone:
- Commits menacing in the second degree and has been previously convicted of menacing in the second degree; or
- Commits menacing in the second degree and has been previously convicted of menacing a police officer in the past 10 years.
Menacing in the first degree is a Class E felony under New York Penal Law Section 120.13.
Menacing a Police Officer or a Peace Officer in New York
While it isn’t illegal to insult a police officer in New York, it is illegal to threaten a law enforcement officer.
The most severe New York menacing charges are menacing a police officer or peace officer.
In New York, menacing a police officer or peace officer occurs when someone intentionally places a police officer or a peace officer in reasonable fear of imminent physical injury, serious physical injury, or death through physical menace or aggressive behavior. Menacing a police officer or a peace officer applies when the accused knows or should reasonably know that the victim is a police officer and such officer is performing his or her official duties.
Actions such as brandishing a deadly weapon or dangerous instrument, even if it isn’t functional, making credible threats of physical harm, or engaging in physical intimidation while the police officer or peace officer is performing his or her official duties can lead to a menacing a police officer or a peace officer charge under New York penal law.
In New York, menacing a police officer or a peace officer is a Class D felony under Penal Law Section 120.18.
In New York, menacing a police officer or a peace officer can result in severe legal consequences. Those facing a menacing a police officer or a peace officer charge in New York or those facing charges for assaulting a police officer in New York should seek the representation of a criminal defense attorney to build a robust defense and navigate the complexities of the criminal justice system.
Penalties for Menacing Charges in New York
The penalties for menacing in New York are based on the severity of the crime and the circumstances surrounding the incident. Below are the punishments for various forms of menacing in New York State.
Class A and Class B Misdemeanor Menacing
If you commit menacing in the second degree or menacing in the third degree, you’ll likely be charged with a Class A or Class B misdemeanor. Below are the penalties for New York menacing charges at the misdemeanor level:
- Class B misdemeanor: up to three months in jail, up to five hundred dollars in fines, or both.
- Class A misdemeanor: up to 364 days in jail, up to one thousand dollars in fines, or both.
If you’ve been charged with menacing in the second or menacing in the third degree in New York, contact Nassau County, Long Island misdemeanor defense lawyer Gianni Karmily for legal representation.
Felony Menacing
If you commit menacing in the first degree or menacing a police officer, you’ll likely face a Class E felony or Class D felony charge. Below are the punishments for a felony menacing conviction in New York State.
- Class E felony: a maximum prison sentence of four years, up to five thousand dollars in fines, or both.
- Class D felony: a maximum prison sentence of seven years, up to five thousand dollars in fines, or both.
If you’ve been charged with a Class E felony or Class D felony in New York, contact Nassau County, Long Island felony defense lawyer Gianni Karmily to determine the best course of action.
Defense Strategy Options: Menacing Charges
There are many different kinds of defense strategies that New York criminal defense attorneys may use to fight against New York menacing charges. Some of the most common defense strategy options for a New York menacing charge include:
- Lack of intent: the accused did not intend to threaten or intimidate the alleged victim
- Self-defense: the accused acted in self-defense or in defense of others under New York self-defense laws
- Mistaken identity: the accused was not the person who engaged in the threatening behavior
- Lack of fear: the alleged victim was not a person in reasonable fear for their safety as a result of the accused’s actions
- Consent: the alleged victim consented to the defendant’s actions and was not coerced or threatened into consenting
- Mental incapacity: If the accused was mentally incapacitated at the time of the incident
These defense strategies can vary depending on the unique facts and circumstances of each case, so it’s crucial for individuals charged with menacing under New York penal law to consult with a Nassau County, Long Island criminal defense attorney to determine the most effective approach for their defense.
How a Nassau County, Long Island Menacing Lawyer Can Help
If you have been accused of committing menacing, having a Nassau County, Long Island defense attorney can be crucial to protecting your rights as well as your freedom. A criminal defense attorney will be able to investigate the circumstances surrounding your alleged crime and gather the evidence needed for your defense.
From there, they’ll be able to build a strategic defense against the prosecution’s case. Leveraging their knowledge of the criminal justice system, they’ll be able to fight against common prosecution strategies and create reasonable doubt in the court’s mind. Throughout the legal process, a menacing lawyer can also provide you with invaluable guidance and support, ensuring your rights are protected every step of the way.
Nassau County, Long Island Criminal Defense Lawyer
If you or a loved one has been charged with menacing in Nassau County, Long Island, don’t navigate the legal system alone. Let the Law Firm of Gianni Karmily, PLLC, provide aggressive and strategic legal assistance to protect your rights and interests.
Attorney Gianni Karmily has a proven track record of success in handling a wide range of criminal cases. He approaches each case with meticulous attention to detail, conducting comprehensive investigations, analyzing evidence, and crafting personalized defense strategies tailored to the unique circumstances of a given case.
If you’ve been charged with a crime, Gianni Karmily understands the kind of pressure and mental distress you may be under. You don’t have to fight against the accusations alone. Potential clients can contact our attorney online or call the Great Neck location at (516) 630-3405 or the Hempstead location at (516) 614-4228 today to learn more about what criminal defense lawyer Gianni Karmily can do to help.
