In many ways, the menacing laws in New York are similar to general assault crimes in other states, in that they involve conduct intended to cause fear in others. New York's laws are also a little more expansive as they can also incorporate certain forms of stalking. Perhaps no place sees the most public acts of menacing as New York's subway system, although menacing crimes can also take place during bar fights or domestic disputes.
New York Menacing Laws: An Overview
The chart below contains information on the definitions and penalties under New York menacing laws.
1st Degree Menacing: A person is guilty of 1st degree menacing when he or she:
- Commits 2nd degree menacing; and
- Has been previously convicted of 2nd degree menacing or menacing a police officer or a peace officer within the last 10 years.
2nd Degree Menacing: A person is guilty of 2nd degree menacing when he or she either:
- Intentionally places or attempts to place another person in reasonable fear of injury or death by displaying a deadly weapon or instrument; or
- Repeatedly following or engaging in repeated conduct to intentionally place or attempt to place another person in reasonable fear of injury or death; or
- Commits the crime of menacing in the 3rd degree in violation of a protective or other court order.
3rd Degree Menacing: A person is guilty of 3rd degree menacing when he or she intentionally places or attempts to place another person in fear of death or imminent physical injury.
1st Degree Menacing: This is a class E felony punishable by up to 4 years in prison.
2nd Degree Menacing: This is a class A misdemeanor punishable by up to 1 year in prison.
3rd Degree Menacing: This is a class B misdemeanor punishable by up to 3 months in prison.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Resources For New York Menacing Laws
You can click on the links below for more information about related crime laws in New York.
Get Professional Help With Your New York Menacing Case
As you can see from the definitions above, the crime of menacing involves the reasonableness of another person's fear of injury or death. This can be a contested issue in any criminal case and may ultimately be resolved by the determination of a jury. An experienced criminal defense attorney who understands how to persuade juries can make all the difference if you're facing charges under New York menacing laws.