Yonkers Defense Attorney discusses Criminal Menacing in Westchester, NY
The criminal defense attorneys of Proto, Sachs & Brown, LLP regularly appear in the Yonkers City Court and often represent people charged with Menacing. Under New York State law, there are three separate and distinct menacing statutes. Each statute sets forth a different level or “degree” depending on the severity of the offense.
In many instances, our clients charged with the crime of Menacing are often also charged with the related crimes of Stalking (Penal Law section 120.45) and Aggravated Harassment (Penal Law section 240.30).
The most basic menacing charge in New York is Menacing in the third degree (Penal Law section 120.15), defined as follows:
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.
Menacing in the Second Degree (Penal Law section 120.14) is an elevated crime. There are three distinct aggravating factors which serve to elevate the charge to Menacing in the Second Degree, a class A misdemeanor, punishable by up to one year in jail. These factors are (i) committing a third-degree menacing charge by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm (PL 120.14(1); (ii) by following a person or engaging in a course of conduct or repeatedly committing acts over a period of time which constitute a third-degree menacing charge (PL 120.14(2); and (iii) committing a third-degree menacing charge in violation of a duly served order of protection or stay-away order from a judge (PL 120.14(3).
In circumstances where a person has been previously convicted of Menacing in the Second Degree or the crime of menacing a police officer (PL 120.18) within two years of the commission of the present alleged offense of menacing, the matter would be elevated to a felony charge.
A Yonkers Criminal Defense Attorney with Proven Results
There is nothing more important than your freedom and future. If you are being investigated for a crime, if you have been charged or arrested, both your freedom and future are at risk. Yonkers criminal defense attorneys Andrew Proto and David Sachs have the experience and resources to protect you and your rights.
As your criminal defense attorney we personally pledge:
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As soon as you hire our office, we will undertake a thorough review of the facts, including a detailed analysis and investigation of the circumstances and evidence involved in your case. We do this in order to determine what may be useful in defending you against the likely arguments and claims of the prosecutor.
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No matter what the charges, from criminal violations to all misdemeanors to all felonies, it is important that you take the crucial first step of having the right criminal defense attorney. Contact Us now for your free consultation and learn how we will protect you.