Menacing in the First Degree is a New York criminal offense that imposes harsh penalties on those who commit the crime of Menacing in the Second Degree and have a prior qualifying Menacing conviction within the past ten years. Menacing in the First Degree is a Class E felony.
The Elements of Menacing in the First DegreeBefore a judge or jury can convict anyone of Menacing in the First Degree, the government must prove each element of the offense beyond a reasonable doubt. However, Menacing in the First Degree is unique in that most of the elements are identical to Menacing in the Second Degree; the only difference is that Menacing in the First Degree requires proof of a prior Menacing conviction within the past ten years. Thus, the elements of Menacing in the First Degree are:
Menacing in the First Degree only comes up when a defendant has a prior conviction for Menacing in the Second Degree or Menacing a Police Officer or Peace Officer. Therefore, anyone with a qualifying Menacing conviction commits Menacing in the First Degree if they:
Often, prosecutors bring Menacing in the First Degree charges along with one or more of the following:
Due to the fact that Menacing in the First Degree has essentially the same elements as Menacing in the Second Degree, the defenses to both crimes are identical and may include the following:
However, because Menacing in the 1st Degree requires a prior Menacing conviction, there are defenses that pertain to the previous conviction, such as:
Menacing in the First Degree is a Class E felony, which is punishable by a prison term of up to four years. Additionally, a Class E felony conviction carries a maximum fine of up to $5,000. As with all felonies, a conviction for Menacing in the First Degree also brings about a number of other collateral consequences, which may make it harder to attend school or obtain employment.
Discuss Your Menacing Charged with an Experienced New York Criminal Defense LawyerIf you’ve recently been charged with Menacing in the First Degree, it is important that you find an attorney who will take your case as seriously as you do. At Tilem & Associates, P.C., our dedicated team of NY defense attorneys has more than 25 years of experience aggressively defending the rights of individuals facing serious felony charges. Through hard work, detailed knowledge of the law, and first-hand knowledge of how prosecutors think about Menacing crimes, we know what it takes to beat even the toughest cases. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.