Felony Menacing Charges in New York

NYC Muslim Felony Lawyer

A crime is defined as menacing if it shares the following characteristics;

 -  the offender has put the victim in fear of immediate physical injury or unwanted physical contact

  -   the offender has attempted and threatened to harm the victim

Most states describe menacing as general assault crimes but New York has expansive ways in which they describe menacing. Why? New York is one of the cities that experience most of the public acts of menacing and therefore has to put up laws to curb the menace. The experienced NYC Felony Muslim Felony Lawyer Farrukh Nuridinv is an attorney who is willing to aggressively protect his clients rights and freedom by using his wide range of criminal defenses. All you should do to get one of the best defenses in New York is to contact us via our telephone: +(1) 347-763-93-96

New York categorizes menacing into three degrees.

  1. First-degree menacing

A person could be charged with 1st degree menacing if they’ve committed 2nd degree menacing and has previously been convicted of 2nd degree menacing or menaced a peace or police officer within the past 10 years.

  2. Second-degree menacing

A person is guilty of second-degree menacing if

  • they intentionally threaten or place the victim in fear by displaying a deadly weapon
  • repeatedly put a victim in reasonable fear
  • commits third-degree menacing

    3.Third-degree menacing

Anyone could be guilty of third-degree menacing if they attempt or place another person in fear of death or imminent physical injury.

Examples of menacing acts

-    Yelling threats

-    Throwing a punch at someone even if the punch won’t hit that person

-    Looking and making threat gestures at someone

-    Brandishing

Brandishing is an act of displaying a fatal weapon in a threatening approach. Examples of fatal weapons include guns (fake guns too), knives, bat, crowbar, and sharp objects. Waving a gun in public is an act of menacing. If an offender uses or displays a weapon as a way of causing fear or hurting someone, the act is defined as menacing.

Stalking

Stalking is described by law as a pattern a defendant engages in that puts the victim in fear of bodily harm. For instance, if an ex-lover continues to show at the ex’s place, he/she could be charged with menacing by stalking. Although there is some ambiguity in this crime as it is not defined how long the stalker has to act and there are no set criteria to identify the crime has been running for how long, a defendant can be charged with the crime when the prosecutor collects enough evidence. 

Menacing vs. assault

Often, second degree menacing is charged alongside assault or harassment. Why? The crime is common in domestic violence scenes where a heated argument could lead to one partner threatening or displaying a deadly weapon. If this happens, the victim is supposed to call 911 and it could result in the mandatory arrest of the defendant.

Ideally, people could be talking in the office and in the heat of a moment one pay pick a bottle, knife or bat and shake it in a threatening manner causing panic in the rest of the group. Essentially, this puts the victims in fear of assault irrespective of whether the offender intends to use the weapon on their hand.



Punishment

The penalties for menacing differ depending on whether the crime is a misdemeanor or a felony. For example, a misdemeanor menace could draw a penalty of one or two years in jail while felony menace could lead to incarceration in state prison. Other forms of punishment for menacing include fines and restitution.

Prison term for menacing can be longer if there is the presence of the following;

-     A weapon;

-     Existing criminal record;

-     Existence of an accomplice;

-     If the victim is a child or is venerable and thus requires extra protection.

Ideally, first-degree menacing is a class E felony and draws a penalty of up to 4 years in prison. Second-degree menacing is a class A misdemeanor and draws a penalty of up to one year in prison. On the other hand, a third-degree menacing is a class B misdemeanor that attracts 3 months in prison. The penalties could be different depending on which state you reside and how the crime is defined.

Legal advice

Once you're charged with menacing, it's important to contact your lawyer to investigate facts surrounding your case and prepare an excellent defense. The truth is, menacing crimes don't have much physical evidence and they turn to be one's word against another's. Thus, a lawyer can help you nail down witnesses' stories before the memories start fading away. Consequently, the lawyer will investigate what prompted the complaints and expose biased information. Doing so is the only way your case will either be dismissed or lead to a criminal record. Therefore, find the best lawyer immediately the complaint of menacing is filed and together find the best defense.

 

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