New York Penal Law § 120.18 – Menacing a Police Officer or Peace Officer

Menacing a Police Officer or Peace Officer is a crime that prohibits anyone from committing the common-law offense of assault against a law enforcement officer while using a weapon. More specifically, this offense punishes those who intentionally place a police or peace officer in fear of injury or death by displaying a weapon. Menacing a Police Officer or Peace Officer is a Class D felony in New York.

Before a judge or jury can convict anyone of Menacing a Police Officer or Peace Officer, the government must prove each element of the offense beyond a reasonable doubt. The elements of Menacing a Police Officer or Peace Officer are:

• The defendant used a deadly weapon, knife, or gun to place a police officer or peace officer in reasonable fear of injury or death;
• The defendant’s actions were intentional;
• At the time of the alleged offense, the police officer was acting within his or her official duties; and
• The defendant knew or should have known that the alleged victim was a police officer or peace officer.

Notably, there is no requirement that the weapon is functional; it’s enough for the prosecution to show that the defendant used a pistol, rifle, handgun, machine gun or other firearm, even if it was inoperable.

A few examples of Menacing a Police Officer or Peace Officer include the following:

• Pulling out a knife and threatening a police officer as they effectuate an arrest of your friend;
• Pointing a gun at a police officer as they drive by; and
• Using a jammed gun that cannot fire to threaten a police officer who intends to arrest you.

Often, prosecutors bring Menacing a Police Officer or Peace Officer charges along with one or more of the following:

• Menacing in the Second Degree – N.Y. Penal Law § 120.14
• Menacing in the First Degree – N.Y. Penal Law § 120.13
• Assault in the Second Degree – N.Y. Penal Law § 120.05
• Assault in the First Degree – N.Y. Penal Law § 120.08
• Assault upon a Peace Officer, Police Officer, Firefighter or Emergency Medical Services Professional – N.Y. Penal Law § 120.11
• Aggravated Assault upon a Police Officer or Peace Officer – N.Y. Penal Law § 120.11
• Harassment in the First Degree – N.Y. Penal Law § 240.25
• Harassment in the Second Degree – N.Y. Penal Law § 240.26

There are several defenses to Menacing a Police Officer or Peace Officer that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The most common defenses include the following:

• You did not intentionally put the police or peace officer in fear of their safety;
• The police officer’s fear of injury or death was not reasonable, given the circumstances;
• Self-defense;
• Defense of others;
• The officer was not acting within the course of their official duties; and
• You did not know the alleged victim was a police officer or peace officer.

Menacing a Police Officer or Peace Officer is a Class D felony. In New York, Class D felonies are punishable by up to seven years of incarceration and a fine of up to $5,000.

Crimes involving police officers are taken extremely seriously by New York prosecutors and judges. As a result, if you face charges related to Menacing a Police Officer or Peace Officer, it is imperative that you work with an experienced criminal defense attorney who will protect your interests at every stage of the process. At Tilem & Associates, P.C., we have over 25 years of experience standing up for the rights charged with serious felony crimes. In every case, our goal is to minimize any impact your arrest has on your future. 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.