Is it Illegal to Threaten Someone in New York?

Threatening someone with violence is never okay, but is it a crime? In New York, it is illegal to threaten someone in a way that makes them reasonably fear for their life or safety. Several laws govern this crime. If you were arrested for threatening someone it is important that you understand the charges and penalties you may face. Continue reading and work with a Ramapo criminal defense attorney to develop an effective defensive strategy today.

Is it Illegal to Threaten Someone in NY?

Yes, it is illegal to threaten someone in New York, given that certain conditions are met. While many laws include definitions that make threats illegal like harassment or stalking, menacing is generally the main code that governs threatening remarks. Menacing is defined in the following ways.

• Menacing in the third degree: Placing or attempting to place a person in fear of death or physical injury
• Menacing in the second degree: Placing or attempting to place a person in reasonable fear of physical injury or death by displaying a deadly weapon, dangerous instrument, or an item that appears to be a firearm OR repeatedly following a person or engaging in a course of conduct that intentionally places or attempts to place a person in reasonable fear of physical injury or death
• Menacing in the first degree: Committing menacing in the second degree while having prior convictions of menacing in the past 10 years

Menacing can occur in the heat of the moment or with preplanned motivation. For example, imagine two men are walking down the street and bump into each other. They both become aggressive and shout at each other to watch where they are going and spew profanities. The altercation escalates and one man yells “I’m going to kill you” while approaching the other with clenched fists. Although he does not actually attempt to kill the other man, he can be found guilty of menacing in the third degree.

In the same situation, if the man yells “I’m going to kill you” while reaching into his jacket as if to pull out a gun or some weapon, he can be found guilty of menacing in the second degree, whether he actually brandished a firearm or not.

What Are the Penalties for Menacing in New York?

The penalties for menacing will vary depending on the degree of the offense and the details of the situation. Standard consequences for each degree are as follows.

Third-degree menacing:

• Class B misdemeanor
• Up to 3 months in prison
• Fines of up to $500

Second-degree menacing:

• Class A misdemeanor
• Up to 1 year in prison
• Fines of up to $1,000

First-degree menacing:

• Class E felony
• Up to 4 years in prison
• Fines of up to $5,000

While the penalties associated with menacing can be severe, it is important to understand your legal rights and options. There are many defensive strategies you can use to fight your charges and cast reasonable doubt on your guilt. Reach out to a skilled attorney for representation and advice.