new york penal code 120 18 menacing a police officer or peace of

Menacing a police officer or peace officer is a serious criminal offense in New York. Let’s break down what this law means, the penalties you may face, and potential defenses to fight the charges.

What Does NY Penal Code 120.18 Prohibit?

Under New York Penal Code 120.18, it is illegal to intentionally place or attempt to place a police officer or peace officer in reasonable fear of physical injury, serious physical injury, or death by displaying a deadly weapon or firearm, whether operable or not[2]. The defendant must know or reasonably should know that the victim is a police officer or peace officer performing official duties when the menacing act occurs.

Some key points about this law:

• It applies to both police officers and peace officers, such as parole officers or court officers
• The weapon displayed does not need to be real or operable – just giving the appearance of having a deadly weapon is enough
• Physical injury means impairment of physical condition or substantial pain
• Serious physical injury involves risks like death, organ damage, or extended impairment/pain

Simply yelling at or arguing with a police officer is not enough to violate this law. There must be an intentional act or threat that puts the officer in reasonable fear of physical harm.

Penalties for Violating NY Penal Code 120.18

Menacing a police officer or peace officer is a Class D felony in New York[2]. This is considered a violent felony offense.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

After a heated argument at a traffic stop, you pointed your finger aggressively at the officer and shouted that you would 'make him regret pulling you over.' The officer arrested you and you've now been charged under New York Penal Code 120.18 for menacing a police officer.

Can I really be charged with menacing a police officer just for yelling and pointing my finger during a traffic stop?

Attorney's Answer

Under NY Penal Code 120.18, menacing a police officer is a class D felony that requires the prosecution to prove you intentionally placed or attempted to place the officer in reasonable fear of physical injury, serious physical injury, or death. The key element is whether your words and gestures, taken together, would cause a reasonable officer to fear for their safety — and prosecutors will argue that an aggressive pointing motion combined with a threatening statement meets that threshold. However, a strong defense may argue that mere words and a finger point do not constitute the kind of conduct the statute was designed to address, particularly if no weapon was displayed and no physical contact occurred. An experienced criminal defense attorney can challenge whether the officer's fear was truly 'reasonable' under the circumstances and may be able to negotiate the charge down or pursue a dismissal.

This is general information only. Contact us for advice specific to your situation.

The maximum possible sentence is up to 7 years in state prison. However, the minimum sentence mandated by law is 2 years in prison. The actual sentence may be 2-5 years or longer depending on the circumstances:

• Prior criminal record – Additional felony convictions will increase the minimum sentence
• Use of a real, operable firearm – Harsher sentences apply when a real gun is used
• Injury caused – Causing physical injury will aggravate the offense and penalty