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Nassau County Menacing Lawyer

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§ 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.
Menacing in the first degree is a class E felony.

§ 120.14 Menacing in the second degree.

A person is guilty of menacing in the second degree when:
1.  He or she intentionally places or attempts to place another person
in reasonable fear of physical injury, serious physical injury or  death
by  displaying  a deadly weapon, dangerous instrument or what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
2. He or she repeatedly follows a person or engages  in  a  course  of
conduct  or  repeatedly commits acts over a period of time intentionally
placing or attempting to place another  person  in  reasonable  fear  of
physical injury, serious physical injury or death; or
3.  He  or  she  commits  the crime of menacing in the third degree in
violation of that part of a duly served order  of  protection,  or  such
order  which the defendant has actual knowledge of because he or she was
present in court when such order was issued, pursuant to  article  eight
of  the  family court act, section 530.12 of the criminal procedure law,
or an order of protection issued by a court of competent jurisdiction in
another state, territorial or tribal jurisdiction,  which  directed  the
respondent or defendant to stay away from the person or persons on whose
behalf the order was issued.
Menacing in the second degree is a class A misdemeanor.

§ 120.15 Menacing in the third degree.

A  person  is guilty of menacing in the third degree when, by physical
menace, he or she intentionally places  or  attempts  to  place  another
person  in  fear  of death, imminent serious physical injury or physical
injury.
Menacing in the third degree is a class B misdemeanor.

§ 120.18 Menacing a police officer or peace officer.

A  person is guilty of menacing a police officer or peace officer when
he or she intentionally places or attempts to place a police officer  or
peace  officer  in  reasonable fear of physical injury, serious physical
injury or death by displaying a deadly weapon, knife, pistol,  revolver,
rifle,  shotgun,  machine gun or other firearm, whether operable or not,
where such officer was in the course of performing his or  her  official
duties  and the defendant knew or reasonably should have known that such
victim was a police officer or peace officer.
Menacing a police officer or peace officer is a class D felony.


Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.



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