Menacing In The First Degree
Menacing is a crime that involves an individual doing something that puts another person in fear of immediate physical injury. However, there does not have to be an injury to be convicted of the crime of menacing. In New York, there are four different types of menacing. Menacing in the first, second, and third degrees, as well as menacing a police officer. Therefore, there are multiple ways that someone could end up being accused of menacing in the first degree.
Under New York law, an individual may be convicted of menacing in the first degree if:
- They commit the crime of menacing in the second degree and have been previously convicted of menacing in the second degree.
- They commit a crime of menacing in the second degree or menacing a police officer within the last ten years.
New York Menacing in the First Degree Attorney
If you have been arrested for menacing in the first degree, it is imperative that you seek the experienced legal guidance of a skilled criminal defense lawyer in New York. Founder attorney Stephanie Selloni at Law Office of Stephanie Selloni has years of defending clients arrested for violent crimes. She can provide counsel throughout the entire process and thoroughly explore every legal route available, so you can secure the best possible outcome.
Our office is in Garden City, but we serve clients throughout Nassau County, including Uniondale, Levittown, Mineola, and Hempstead. We also represent people charged with menacing in Suffolk County and the five boroughs of New York City. Call (516) 972-1212 to schedule your first consultation today.
Information Center
- Menacing in the First Degree
- What Are The Penalties For Menacing?
- Other Consequences Relating To A Menacing Conviction
- Defenses In A Menacing Case
- Statute Of Limitations On A Menacing Charge
- Crimes Usually Charged With Menacing
- Additional Resources
Menacing in the First Degree
In order to understand what would constitute menacing in the first degree, it may be helpful to know what an individual would need to do to be convicted of menacing in the second degree. For example, in New York, a person will be found guilty of menacing in the second degree if:
- They intentionally place or attempt to place another person in reasonable fear of physical injury or death with a deadly weapon or other dangerous instruments.
- They repeatedly follow a person or commit other acts intentionally, to place another person in reasonable fear of physical injury or death.
- They commit menacing crimes in the third degree and violate a personal protective order they were made aware of.
What Are The Penalties For Menacing?
Menacing in the first degree is considered a Class E felony. The maximum possible sentence for a Class E felony is four years in prison. There may also be an additional probation term of five years and a possible fine of up to $5,000.
Menacing in the second degree is a Class A misdemeanor. If convicted, an individual could serve a prison sentence of up to one year in county jail. It is up to the judge to decide if the accused receives jail time or just probation. There may also be a fine of up to $1,000.
Other Consequences Relating To A Menacing Conviction
In addition to the legal penalties, there are many times, other consequences that can be lifelong. For example, a conviction for first-degree menacing will result in a criminal record. Once an individual has a criminal record can affect employment opportunities, loan approvals, rental checks, and even college applications. None of these effects even take into account the effects that a conviction can have on someone’s personal and professional life and relationships.
If convicted in New York, other penalties can be imposed as well. These include taking away more of the accused rights. This could be taking away gun ownership rights, governmental employment opportunities, and voting privileges. Usually, these rights are taken away when someone is accused of a felony. Finally, with a felony on a criminal record, the accused individual may not be able to have custody over a child if they are ever involved in a custody dispute.
With all of the legal and non-legal consequences that an individual may suffer when accused of a felony, it is extremely important to seek competent legal counsel to help reduce or remove the charges from their record immediately. Additionally, reducing a felony charge to a misdemeanor can allow the accused to keep many more of their rights.
Defenses In A Menacing Case
There are defenses at the accused person’s disposal. Sometimes, the defense won’t eliminate all beliefs that the accused person is guilty of a crime. Instead, a defense may reduce the crime to a lesser degree so that the sentence is lighter. For example, an attorney may argue that the individual should not be convicted of menacing in the first degree and should only be convicted of menacing in the second degree. There are great differences in the penalties between the first degree and second degree.
Our main defense will be that the item that was used was not a dangerous instrument or deadly weapon; it was instead just an object. Depending on the size and state of the object, we may be able to craft an appropriate defense. For example, a common, everyday kitchen knife may not be dangerous, depending on its size and shape.
Statute Of Limitations On A Menacing Charge
The statute of limitations covers the range of time that the alleged victim and prosecutor have to file charges. The clock starts once the victim discovers the individual’s crime. Once the statute of limitations expires, an individual no longer has to worry about this offense coming back to haunt them if they did commit it. Yet, it’s uncommon for victims to let the statute of limitations run out before they press charges. For this offense, the state has five years to start the prosecution of the accused individual.
Crimes Usually Charged With Menacing
Due to the nature of a menacing act, the prosecutor will likely try to change the individual involved with multiple crimes, which are all similar to menacing. In New York, we have typically seen menacing charges with the crimes of assault, harassment, and the criminal possession of a weapon. If someone is charged with multiple crimes for the same action, we can help defend against any crime the prosecutor decides to charge. Our experienced attorneys have the knowledge and expertise to help anyone accused of a crime.
Additional Resources
Criminal Justice System For Adults In New York State – This resource provides information for adults charged with a crime in New York State about the criminal justice system and how to navigate it.
New York Penal Law – The New York State website provides this description of the legal definitions and elements of menacing in the first degree.
Garden City Menacing in the First Degree Lawyer | Nassau County, New York
If you or someone you know has been arrested for menacing in the first degree, you must act quickly and hire an experienced lawyer who can protect your rights. Unfortunately, violent crimes carry serious charges. You deserve to have a knowledgeable defense attorney who can help you navigate the legal process answering all your questions along the way.
During this critical time, turn to Law Office of Stephanie Selloni. Stephanie Selloni is a skilled and driven Garden City-based criminal defense attorney who serves clients in Nassau County, Suffolk County, and all five boroughs of New York City.