(516) 972-1212

Menacing a Police Officer

Menacing a Police Officer in New York is a criminal offense that involves threatening or intentionally placing a law enforcement officer in fear of physical injury. This offense is taken seriously, reflecting the state’s commitment to protecting those who serve and protect the community.

Nassau County Lawyer for Menacing a Police Officer

Menacing a Police Officer is a serious criminal offense in New York, carrying significant legal consequences.

Stephanie Selloni is recognized by the legal community through her admittance to reputable law associations such as the Nassau County Criminal Courts Law and Procedure Committee and the New York State Association of Criminal Defense Lawyers (NYSACDL).

The Law Office of Stephanie Selloni represents clients for traffic charges throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.

Call (516) 972-1212 or simply submit an online contact form for more information.

Understanding Charges of Menacing a Police Officer

Back to top

What is Menacing a Police Officer?

Menacing a Police Officer is codified under New York Penal Law Article 120, which addresses various offenses related to assault and related crimes. Section 120.18 of the New York Penal Law outlines the crime of Menacing a Police Officer.

According to the statute, a person is guilty of Menacing a Police Officer when, with the intent to prevent a police officer from performing a lawful duty, they intentionally place or attempt to place a police officer in fear of physical injury through the display of a deadly weapon or other dangerous instrument.

The key elements of the offense include:

  • Intent: The accused must have the specific intent to prevent a police officer from carrying out their lawful duties.
  • Fear of Physical Injury: The threat or display of a deadly weapon or dangerous instrument must be of a nature that reasonably causes a police officer to fear physical injury.
  • Lawful Duty: The officer must be engaged in the performance of a lawful duty at the time the offense occurs.

Penalties for Menacing a Police Officer

Menacing a Police Officer is classified as a Class D felony in New York. The penalties for a Class D felony can include:

  • Imprisonment: A conviction for Menacing a Police Officer can result in a prison sentence of up to seven years.
  • Fines: The court may impose fines as part of the sentence, the amount of which can vary depending on the circumstances of the case.
  • Probation: In some cases, the court may opt for probation instead of or in addition to imprisonment.

In addition to the above penalties, someone convicted of menacing a police officer may face stronger sentencing depending on prior convictions and the situations surrounding the crime.

Back to top

Defenses for Menacing a Police Officer

Several defenses may be raised in response to a charge of Menacing a Police Officer in New York. The applicability of these defenses depends on the specific facts of the case. Some potential defenses include:

  • Lack of Intent: If the accused did not have the specific intent to prevent a police officer from performing their lawful duty or did not intentionally place the officer in fear of physical injury, this lack of intent could be asserted as a defense.
  • Self-Defense: If the accused believed they were acting in self-defense or defense of others, it may be a valid defense. This defense asserts that the accused reasonably perceived a threat to themselves or others, leading to the display of a weapon.
  • Constitutional Challenges: Challenging the constitutionality of the arrest, search, or seizure that led to the discovery of the alleged offense. If law enforcement violated the accused’s constitutional rights during the encounter, evidence obtained unlawfully may be suppressed.
  • Insufficient Evidence: Arguing that the prosecution lacks sufficient evidence to prove the elements of Menacing a Police Officer beyond a reasonable doubt. This defense may involve challenging the credibility of witnesses or disputing the sufficiency of the evidence presented.
  • Mental Incapacity: If the accused was suffering from a mental illness or incapacity at the time of the alleged offense, it may be a defense, as they may not have had the mental state required to be charged with the offense.

Back to top

Hire a Lawyer for Menacing a Police Officer Charges

The Law Office of Stephanie Selloni represents clients for traffic charges throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.

Call (516) 972-1212 or simply submit an online contact form for more information.

Back to top