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Menacing Conviction

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N

NYCTaxiDriver

Member
What is the name of your state (only U.S. law)? New York

Hi, I was curious to know, what is necessary to get a menacing arrest or conviction in the state of New York (I'm the victim)? For example, if someone were to make a death threat in a loud manner or threaten someone with assault, would that be enough to get an arrest or conviction?
 


Y

You Are Guilty

Senior Member
Depends on the degree.

§120.13 said:
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.
Click to expand...
§120.14 said:
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.
Click to expand...
§120.15 said:
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.
Click to expand...
There are also potential charges for assault, harassment, disorderly conduct, stalking, etc., all depending on the specific facts.
 
xylene

xylene

Senior Member
NYCTaxiDriver said:
For example, if someone were to make a death threat in a loud manner or threaten someone with assault, would that be enough to get an arrest or conviction?
Click to expand...
Bellowing out "I'll kill you!" or "I am going to punch your lights out.", those statements alone would not be enough to support the prosecution of someone for menacing, even as a misdemeanor.
 
N

NYCTaxiDriver

Member
So what you are saying is that threatening a person like what I've mentioned above is more like harassment? Does that sound prosecutable?
 
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