New York Penal Law § 120.14 – Menacing in the Second Degree

Menacing in the Second Degree is a New York crime punishing a variety of intimidating conduct designed to put others in fear of injury or death. Menacing in the Second Degree is a Class B Misdemeanor, making the crime more serious than Menacing in the Third Degree but less serious than Menacing in the First Degree.

Every crime is made up of certain elements. It is the prosecution’s burden to present the judge or jury with evidence that proves each element of an offense beyond a reasonable doubt; otherwise, the judge or jury must return a not guilty verdict.

There are three ways someone can commit Menacing in the Second Degree:

Menacing Involving a Deadly Weapon

1. The defendant put another person in fear of injury or death by displaying a weapon or something that appeared to be a firearm, rifle or shotgun; and
2. The defendant did so intentionally.

Menacing Involving Stalking

1. The defendant repeatedly followed the alleged victim or engaged in repetitive acts directed toward the alleged victim; and
2. The defendant placed the alleged victim in reasonable fear of injury or death.

Menacing Involving the Violation of a Protective Order

1. The defendant placed another person in fear of death or injury through physical intimidation;
2. The defendant did so intentionally; and
3. In so doing, the defendant violated an order of protection or stay-away order.

Examples of Menacing in the Second Degree include the following:

• A defendant pulls out a gun during an argument with a neighbor but doesn’t point the gun at his neighbor;
• A defendant pulls out a toy gun and points it at another driver after getting cut off; and
• A defendant repeatedly follows a co-worker home from work causing her to fear for her safety.

Often, prosecutors bring Menacing in the Second Degree charges along with one or more of the following:

• Menacing in the First Degree – N.Y. Penal Law § 120.13
• Menacing in the Third Degree – N.Y. Penal Law § 120.15
• Harassment in the First Degree – N.Y. Penal Law § 240.25
• Harassment in the Second Degree – N.Y. Penal Law § 240.26
• Assault in the Third Degree – N.Y. Penal Law § 120.00
• Assault in the Second Degree – N.Y. Penal Law § 120.05
• Assault in the First Degree – N.Y. Penal Law § 120.10
• Aggravated Family Offense – N.Y. Penal Law § 240.75
• Strangulation in the Second Degree – N.Y. Penal Law § 121.12
• Strangulation in the First Degree – N.Y. Penal Law § 121.13

There are several defenses to Menacing in the Second Degree. If successful, a defense can reduce your sentencing exposure or result in the prosecution withdrawing the case against you or an acquittal. The most common defenses include the following:

• The alleged victim’s fear of death or injury was unreasonable;
• You did not mean to put the victim in fear of their safety;
• You did not know an order or protection had been taken out against you;
• You acted in self-defense or in defense of another person.

Menacing in the 2nd Degree is a Class A misdemeanor. In New York, a Class A misdemeanor carries a maximum sentence of up to 364 days in jail. A conviction for a Class A misdemeanor will also result in a fine of up $1,000.

If you’ve been charged with Menacing, it is important that you have an experienced NY defense attorney by your side at every step of the way. At Tilem & Associates, P.C., we have been defending the rights of good people charged with serious crimes for over 25 years. We know the best Menacing defenses and how to use them to secure the best possible result in your case. 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.