Menacing
Menacing charges can range from a Class E Felony, the most serious menacing charge, to a Class B Misdemeanor.
Menacing in the first degree, Penal Law 120.13 states that a person is guilty of menacing in the first degree when he or she commits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree within the preceding ten years. This is a Class E felony and carries a prison term of up to 4 years if found guilty.
Penal Law Section 120.14, Menacing in the Second Degree, is a Class A Misdemeanor and states that a person is guilty of menacing in the second degree when (1) he or she intentionally places or attempts to place another person in reasonable fear of
physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or (2) he or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death; or (3) he or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act, section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued.
The crimes of menacing and harassment are often charged against an individual in the same Criminal Complaint. In People v. Bartkow, 96 N.Y.2d 770, the Court stated, "Distinct from harassment, menacing does not require any form of "physical contact," actual, attempted or threatened. Menacing simply requires an intent to place another in "reasonable
fear of physical injury" by "displaying" a weapon or dangerous instrument (Penal Law §120.14 [1] [emphasis added]). Thus, it is possible to commit menacing without
harassment, and the trial court properly refused to submit the harassment charge to the jury."