Woman scared of the man in parking lot

In New York criminal law, “menacing” refers to a set of offenses that involve threatening another person, creating a fear of physical harm or death. Menacing laws detail what constitutes actions that intentionally place or attempt to place another person in fear of physical harm or imminent danger. Menacing in New York can take various forms, ranging from verbal threats to physical gestures, and the severity of these actions dictates the level of charges and potential penalties. (New York Penal Law Section 120.12 – 120.15) This legal framework aims to maintain public safety and deter threatening behaviors.  It helps to ensure that individuals can live without fear of intimidation or harm.

Different Degrees of Menacing in New York

There are various degrees of menacing, each with specific criteria and penalties:

  • Menacing in the Third Degree (New York Penal Law Section 120.15): This is the least severe form. It involves intentionally placing or attempting to place another person in fear of death, imminent serious physical injury, or physical injury by displaying a weapon or any object that appears to be a weapon. This is classified as a Class B misdemeanor.
  • Menacing in the Second Degree (Penal Law Section 120.14): This crime is more serious and occurs when a person: 

1) Repeatedly follows someone or engages in a course of conduct intending to place that person in reasonable fear of physical injury, serious physical injury, or death.

2) Commits the crime in the third degree and has been previously convicted of the same offense within the preceding ten years.

3) Intentionally places or attempts to place another person in 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. This is a Class A misdemeanor.

  • Menacing in the First Degree (Penal Law Section 120.13): This is the most serious form and is a Class E felony. It occurs when a person commits the crime of menacing in the second degree and is an individual who has been previously convicted of a predicate violent felony (called a “second felony offender”) within the preceding ten years. For those who are convicted of a felony, their prior record of felony convictions will be considered at the time of sentence and they will receive a harsher sentence. 
  • Menacing A Police Officer Or Peace Officer: Under New York Penal Code Section 120.18, it is a class D felony to threaten a police officer who is performing his or her lawful duties. To be prosecuted for this crime you must have displayed a deadly weapon such as a firearm or knife. In addition, you must have been aware that the person was a police officer. This legislation came about to recognize the unique risks law enforcement officers face and the need for tailored legal protections​​.

There have been additional legislative efforts during 2023 to establish increased penalties for offenses involving menacing a police officer or peace officer in New York. NY Assembly Bill 2023-2024 -A2313 (ACTIVE) proposes an increase in punishment for certain actions against on-duty auxiliary police officers such as criminally negligent homicide, assault, or menacing of such police officers.  

Menacing charges in New York are taken very seriously due to their potential to escalate into more violent situations. The penalties for a conviction can range from fines and probation for misdemeanors to prison sentences for felonies. Having a conviction on one’s record can have long-term consequences, including impacts on employment opportunities and the ability to own or possess firearms.

Legal defenses against menacing charges often involve challenging the prosecution’s evidence regarding the intent to cause fear, the perception of threat by the alleged victim, or the nature of the object displayed (if a weapon was allegedly involved). Each case is unique, and defenses must be tailored to the specific circumstances of the alleged offense.

Contact Our New York & Long Island Menacing Attorney

In summary, New York law treats menacing as a serious offense, with varying degrees of severity and corresponding penalties. These laws aim to address different scenarios and contexts in which menacing occurs, including specific provisions for law enforcement officers. Contact the law firm of Michael A. Arbeit, P.C. We can help you navigate the system, and defend your rights if you have been charged with a menacing offense. Our firm will guide the possible consequences and the best course of action specific to your situation.

Michael A. Arbeit, P.C. assists clients with menacing charges throughout Nassau County, Suffolk County, and New York City, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.

§ 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.