Menacing in the Third 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.
Under New York law, an individual may be convicted of menacing in the third degree if:
- They use physical menace to intentionally place someone in fear of death or imminent serious physical injury.
- They attempt to place someone in fear of death or imminent serious physical injury.
New York Menacing in the Third Degree Attorney
If you are facing charges for menacing in the third degree in New York, it is imperative that you hire a skilled criminal defense lawyer to begin building your defense immediately. There are defenses available to you and attorney Stephanie Selloni at Law Office of Stephanie Selloni can be of help. She has years of extensive experience in criminal law and is ready to advocate aggressively on your behalf.
Law Office of Stephanie Selloni accepts menacing cases Nassau County and Suffolk County including Riverhead, Mineola, Glen Cove, Central Islip, and Long Beach. Call (516) 972-1212 to schedule an initial consultation today.
Information Center
- Domestic Disputes Involving Menacing
- Penalties For Third-Degree Menacing
- Other Consequences To Third-Degree Menacing
- Defenses In A Third-Degree Menacing Case
- Statute Of Limitations For A Third-Degree Menacing Case
- Crimes Potentially Charged With Third-Degree Menacing
- Additional Resources
Domestic Disputes Involving Menacing
In many instances, the prosecutor will take into account the relationship between the individual doing the menacing and the alleged victim. The menacing will be considered a domestic dispute if they are family members or in a relationship. When accused of a domestic dispute, there may be additional charges.
If it is determined that it was a domestic dispute involving menacing, there is usually a required arrest. However, in some cases, when charged with menacing in the third degree, there may not be an arrest requirement, but when it involves a domestic dispute, an arrest must occur.
There will also likely be an Order of Protection issued. An Order of Protection is a judicial order in which the judge orders the individual accused of the crime to stay away from the alleged victim throughout the course of the charges. Depending on the surrounding circumstances, the Order of Protection may last for additional years once the charges are resolved.
Penalties For Third-Degree Menacing
Menacing in the third degree is considered a Class B misdemeanor. The maximum possible sentence for a Class B misdemeanor is ninety days in jail. There may also be a judicial Order of Protection issued. When a judicial order of protection is issued, the accused must not have any contact with the complainant, or they will face another arrest and new charges.
There may also be a fine of up to $500, or jail time may be exchanged for a one-year probation period.
Other Consequences To Third-Degree Menacing
A conviction for third-degree menacing will result in a criminal record. A criminal record affects a person’s employment opportunities, loan approvals, rental checks, and even college applications. A conviction can also disrupt someone’s personal and professional life.
If convicted in New York, there are other penalties that 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. Even though menacing in the third degree is a misdemeanor, it is important that an individual accused of menacing be somewhat cooperative with law enforcement because charges may be added, resulting in more serious penalties.
With all the legal and non-legal consequences that an individual may suffer when accused of a misdemeanor, it is extremely important to seek competent legal counsel to help reduce or remove the charges from their record immediately.
Defenses In A Third-Degree Menacing Case
When we use a defense for menacing in the third degree, it will typically include showing that there was not a reasonable threat of physical injury or death. For example, if the victim is extra sensitive to language or the opposed “threat,” it may not be a reasonable threat, and therefore the individual may not be charged with the crime. Other defenses could also apply based on the specific situation.
Statute Of Limitations For A Third-Degree Menacing Case
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, the state generally loses the right to bring the charges. Yet, it’s uncommon for victims to let the statute of limitations run out before they press charges. For this offense, the state has two years to start the prosecution of the accused individual.
Crimes Potentially Charged With Third-Degree 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 second degree.
Garden City Menacing in the Third Degree Attorney | Nassau County, NY
Have you or someone you know been arrested for menacing in the third degree in Nassau County, NY? Contact attorney Stephanie Selloni at Law Office of Stephanie Selloni who is passionate about helping her clients navigate the criminal justice with favorable results. She has been practicing criminal defense for years and has the knowledge needed to fight any type of menacing charge.
Law Office of Stephanie Selloni focuses on criminal cases in Garden City, Hempstead, Mineola, Westbury, Floral Park and the surrounding areas in Nassau County and Long Island. Call (516) 972-1212 to schedule a free consultation today.