Our firm successfully represented a client at trial in the City Court of White Plains, New York in defense to the misdemeanor crime of Menacing in the Third Degree.
In defending those criminal charges, our criminal trial attorney focused on demonstrating that his client did not engage in any actions which were criminal under the law. All New York crimes, including felonies and misdemeanors have specific elements which need to be proven beyond a reasonable doubt.
The crime of Menacing in the Third Degree states:
"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." (PL S 120.15.)
The single most important factor in defending his client in the White Plains, New York Court was the lack of any "physical menace." In order to satisfy the physical menace element of this crime, it must be alleged that the defendant committed a physical act which, in and of itself, placed another person in fear of imminent injury.Words or threats are not enough to satisfy the requirement.A defendant may not be convicted of Menacing without evidence of this important element.
At the time of trial, the case was successfully resolved in favor of our client.
If you or someone you know has been arrested for a crime, misdemeanor or felony and needs a criminal defense lawyer in New York, please contact Proto, Sachs & Brown, LLP for a free consultation. The firm's criminal defense lawyers regularly appear in the courts of Westchester, Bronx, Rockland, Putman, Dutchess and Orange Counties.