New York Penal Code § 120.13: Menacing in the first degree

Menacing is a crime that involves doing something that puts another person in fear of immediate physical injury. No such physical injury is required to be charged with menacing. There are four menacing offenses in the New York Penal Code. Menacing in the first, second, and third degrees, as well as menacing a police officer or a peace officer. Under New York Penal Code § 120.13 you could be prosecuted for menacing in the first degree if you commit the crime of menacing in the second degree and within the preceding ten years you have been previously convicted of the crime of menacing in the second degree under New York Penal Code § 120.14 or the crime of menacing a police officer or peace officer under New York Penal Code § 120.18.

Example

The defendant held a large knife to a woman's chest and threatened her. The man did not touch the woman with the knife and did not in any way physically injure her. Since the knife could be classified as a dangerous instrument or deadly weapon, the man could be prosecuted for menacing in the first degree if he had previously been convicted of menacing in the second degree. Otherwise, the charge the man would face would be menacing in the second degree.

Related offenses
  1. Menacing in the second degree: New York Penal Code § 120.14
  2. Menacing in the third degree: New York Penal Code § 120.15
  3. Menacing a police officer or a peace officer: New York Penal Code § 120.18
Defenses

To be convicted of menacing in the first degree, the prosecutor must prove that you threatened someone with a dangerous instrument or deadly weapon. Not every knife is a dangerous instrument or a deadly weapon. For example, a common butter knife would probably not be considered a dangerous instrument or a deadly weapon.

Sentence

Menacing in the first degree is a class E felony. The maximum possible sentence is 4 years in prison. Your sentence may also include a probation term of 5 years and a fine of up to $5,000.

New York Penal Code § 120.13: Menacing in the first degree

A person is guilty of menacing in the first degree when he or she commits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree or the crime of menacing a police officer or peace officer within the preceding ten years.

The Law Offices of Stephen Bilkis & Associates can help

The consequences of a conviction of menacing in the first degree are quite serious. You may be sent to prison and you may have to pay a fine. You will then have to face the challenges of life with a criminal record. However, there may be defenses to such a charge that may result in the charge being dropped, reduced or you being acquitted. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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