Founding Attorney
If you’re facing allegations of menacing in New York, it’s crucial to understand the potential defense strategies and tactics available to you so you can protect your rights.
Under New York law, menacing involves intentionally placing another person in fear of physical injury, serious injury, or death. While menacing charges are often misdemeanors, they can escalate to felonies depending on the circumstances, such as if a deadly weapon is present.
Some of the most effective ways to defend against menacing charges include challenging the evidence against you, asserting that you acted in self-defense, and negotiating a plea agreement with the prosecution.
Challenging the Prosecution’s Evidence
One of the primary defense strategies for individuals facing menacing charges is to challenge the evidence presented by the prosecution. Prosecutors must prove beyond a reasonable doubt that you intended to cause the alleged victim to fear physical harm.
Your defense attorneys can generate reasonable doubt by highlighting inconsistencies in witness statements, a lack of credible evidence, or other gaps in the prosecution’s case. For example:
- Questioning Witness Credibility – Defense attorneys regularly challenge witness credibility by identifying biases, motives to lie, or inconsistencies in their testimonies.
- Disputing the Use of Weapons or Gestures – In cases alleging weapon involvement or threatening gestures, proving that you didn’t possess a weapon or didn’t make any threatening gestures can weaken the prosecution’s case.
- Providing Alibi Evidence – If you can provide evidence that you were somewhere else at the time of the alleged menacing incident, that can be a solid defense.
Asserting Self-Defense
Self-defense is another common strategy used to counter menacing charges. New York law allows individuals to use reasonable force to protect themselves if they believe they are in imminent danger of physical harm.
This defense can be particularly relevant in cases where individuals may have acted in response to another person’s real or perceived threat. To assert self-defense, you will have to demonstrate:
- Reasonable Perception of Danger – You must show that you genuinely believed you were in danger of being harmed.
- Proportional Response – You must show that your response was proportional to the perceived threat. For example, brandishing a weapon or using threatening language may be a reasonable response to an immediate threat of serious harm.
Witness testimony or surveillance footage can back up your claims of self-defense and cast doubt on your alleged criminal intent to menace.
Negotiating a Plea Agreement
In some cases, negotiating a plea agreement is the most practical approach. This strategy involves working with the prosecutor to potentially reduce the charges or lessen the penalties you’re facing in exchange for a guilty plea.
A plea agreement can minimize the consequences of a criminal conviction for those facing substantial evidence against them or who wish to avoid the uncertainty of a jury trial. Your defense attorney can seek the following through a plea agreement:
- Lesser Charges – Your attorney may be able to get your charges reduced. For example, rather than facing charges for menacing in the third degree (a misdemeanor), you may be able to plead guilty to disorderly conduct (a violation), which carries much lighter penalties.
- Alternative Sentencing Options – Your attorney may also negotiate for community service, probation, or mandatory anger management classes instead of jail time.
Contact Our Menacing Attorney in Long Island & New York
Being accused of menacing can be a stressful experience. However, you can reduce the uncertainty surrounding your case by understanding the defense strategies and tactics available to you.
Contact Michael Arbeit, P.C., for a consultation about your case with one of our experienced criminal defense attorneys. We’ll provide a case evaluation, help you understand the charges you’re facing, and explain your legal options.