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Menacing in the Third, Second and First Degree: New York Penal Law 120.15, 120.14 and 120.13

Your family is looking for an experienced New York City criminal defense lawyer because you are alleged to have followed someone around for a few hours intimidating them. You threatened to strike someone with a bat and severely hurt them. Although shots were not fired, you threatened another person with a firearm and placed him in fear for his life. While each of these sets of facts may establish numerous crimes, all of them may establish some degree of Menacing in the First, Second or Third Degrees pursuant New York Penal Law 120.15, 120.14 and 120.13 as follows:

NY Penal Law 、 120.15

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.

Penal Law 、 120.14

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.

Penal Law 、 120.13

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.

Because the degree of the crime directly relates to the term of potential imprisonment (see our sentencing chart for further information), it critical that you consult with an experienced criminal defense attorney about these offenses. It may be that you have a valid legal defense. Regardless of your defense, the former prosecutors at Crotty Saland PC know that its note merely your liberty that is at stake when you are accused of these crimes, but your rights and integrity.

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