ATTORNEY ON CALL · 24/7
212 300 5196
FROM THE DEFENSE DESK / NEW YORK PENAL LAW
5 AUG 2026 · 2 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: NEW YORK PENAL LAW · VIOLENT CRIMES
DOCKET NO. 195 · THE DEFENSE DESK

NY Penal Law § 120.14: Menacing in the second degree.

Learn about New York Penal Law § 120.14, which covers menacing in the second degree. Discover what actions constitute this offense, legal definitions, real-world examples, related charges, possible defenses, and potential penalties including jail time and fines. Understand your rights and options if accused of menacing in NY.

Todd A. Spodek
Todd A. Spodek
MANAGING PARTNER · 5 AUG 2026 · 2 MIN READ
★★★★★1,100+ FIVE-STAR GOOGLE REVIEWS
SUPER LAWYERS · 2020-25AVVO · “SUPERB”SECOND GENERATION · SINCE 1976
AS SEEN ON NETFLIX · CNN · FOX NEWS · NY POST

Last Updated on: 5th August 2026, 06:08 pm

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 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.   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.
LEGAL INFORMATION, NOT LEGAL ADVICE · STATUTES CHANGE - VERIFY CURRENT LAW · ATTORNEY ADVERTISING
THE AUTHOR'S RECORD · PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME
Acquitted.
$26M MONEY LAUNDERING
Dismissed.
RICO · 10-YEAR MINIMUM FACED
Six months.
$12M PONZI · YEARS ASKED
ALL RESULTS →
★★★★★VERIFIED CLIENT · FEDERAL CASE · 2022 · VIA GOOGLE REVIEWS
"By the time our free consultation was over, we left at ease."
1,100+ FIVE-STAR GOOGLE REVIEWS →
RISK FREE · CONFIDENTIAL · 24/7

Reading is good. Calling is better.

Answered within 24 hours, guaranteed. Some stories are better told out loud -

212 300 5196
AFTER YOU REACH OUT
01A person answers - not a service. Day or night. 02Free, confidential consultation - ask us anything, regardless of how long it takes. 03Strategy starts the same day - and you hold the senior partner's cell number.
★★★★★1,100+ FIVE-STAR GOOGLE REVIEWS
READ THEM →
INTAKE · PRIVILEGED & CONFIDENTIAL
24/7
01
02
03
04
05
ANSWERED WITHIN 24 HOURS, GUARANTEED OR CALL 212 300 5196
EVERYTHING YOU SHARE IS PROTECTED BY ATTORNEY-CLIENT PRIVILEGE FROM THE FIRST WORD.