There are “ugly” crimes and there are “uglier” crimes in the State of New York. Any offense that involves a threat of or actual violence falls in the latter category. Because of this, when crimes such as Assault, Stalking and Menacing are the foundation of an arrest in New York City or anywhere in the State of New York, it is critical to attack the allegation in any means legally permissible. Whether by challenging the evidence or procedure or mitigating conduct, should you not exercise your rights you may find yourself convicted of a stigmatizing crime. Addressing the offense of Menacing in the Third Degree (information about other Menacing degrees or the crimes of Assault and Stalking is available on the website and this blog), one normally thinks of a scary looking man brandishing some sort of weapon or dangerous instrument making threats of physical violence accompanied by some sort of a demand. Because there is no stereotypical criminal case of New York Penal Law 120.15, every criminal defense attorney must be prepared to analyze any allegation, set of facts or evidence to ascertain whether or not the complaint against his or her client is legally sufficient and whether or not proof exists beyond a reasonable doubt.