NY Penal Law § 120.14: Menacing in the second degree

NY Penal Law § 120.14: Menacing in the second degree

Menacing is an offense that involves doing something that puts another person in fear of being subjected to immediate physical injury. No such physical injury is necessary to be charged with menacing.  The statute simply requires that you threaten another individual with immediate physical injury or death. If your actions include displaying a weapon as part of the threat, then you will be charged with the crime of menacing in the second degree as defined in New York Penal Code § 120.14. To be prosecuted for menacing in the second degree, the prosecutor must demonstrate that you:

1. Intentionally placed another individual in reasonable fear of physical injury by displaying a deadly weapon or dangerous instrument, or
2. You repeatedly follow a person or engage in a course of conduct that intentionally puts another person in reasonable fear of physical injury or death, or
3. You committed the offense of menacing in the third degree in violation of an order of protection.

For Example

Two women get into a shouting match over some drugs. One woman claims that the other woman took some marijuana from her. All of a sudden, one woman pulls out a gun and waives it around, pointing it in the direction of  the other woman. She threatens to use it on her, but never discharges the weapon. Instead, she tucks the gun away and leaves the premises. The woman who pulled the gun could face a charge of menacing in the second degree.  This charge would be valid beauces she displayed a deadly weapon, putting the other woman in reasonable fear of physical injury.

Offenses that are Related

Menacing in the first degree: New York Penal Code § 120.13

Menacing in the third degree: New York Penal Code § 120.15

Criminal contempt in the first degree: New York Penal Code § 215.51

Menacing a police officer or a peace officer: New York Penal Code § 120.18

Possible Defenses

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To defend against a charge of menacing in the second degree, you must demonstrate that you did not display anything that could be classified as a deadly weapon or a dangerous instrument. Not every gun or knife is necessarily “deadly” or “dangerous” for the purposes of this statute.  For instance, a small utility knife might arguably not be dangerous, as it could not easily be used to cause a serious physical injury or death.

Legal Scenario: What Would You Do?

Scenario

After a heated argument with your neighbor over a property line dispute, you picked up a baseball bat from your garage and walked toward them while shouting threats. The neighbor called the police, and now you've been arrested and charged with menacing in the second degree under NY Penal Law § 120.14.

What exactly does a menacing in the second degree charge mean for me, and what kind of penalties am I facing?

Attorney's Answer

Menacing in the second degree under NY Penal Law § 120.14 is a class A misdemeanor, which carries a potential sentence of up to one year in jail, three years of probation, and a fine. The prosecution must prove that you intentionally placed another person in reasonable fear of physical injury or death by displaying a weapon or dangerous instrument, or through repeated threatening conduct. Importantly, no actual physical contact or injury is required for a conviction — the focus is entirely on whether your actions would cause a reasonable person to fear imminent harm. An experienced defense attorney can challenge these charges by arguing that the alleged victim's fear was not objectively reasonable, that the conduct did not meet the statutory threshold, or that the situation was mischaracterized by witnesses.

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

The Sentence

Due to the fact that menacing in the second degree is categorized as a class A misdemeanor, if you are convicted, the maximum prison sentence is up to a year in county jail. That said, it is possible that the judge may choose not to sentence you to jail time and instead sentence you to probation. On top of that, the judge may order you to pay a fine of up to $1,000.