Yonkers Defense Attorney discusses Criminal Menacing in Westchester, NY
The criminal defense attorneys of
Riebling, Proto & Sachs, LLP regularly appear in the Yonkers City Court and often represent people
charged with Menacing. Under New York State law, there are three separate
and distinct menacing statutes. Each statute sets forth a different level
or “degree” depending on the severity of the offense.
In many instances, our clients charged with the crime of Menacing are often
also charged with the related crimes of Stalking (Penal Law section 120.45)
and Aggravated Harassment (Penal Law section 240.30).
The most basic menacing charge in New York is Menacing in the third degree
(Penal Law section 120.15), defined as follows:
A person is guilty of menacing in the third degree when, by physical menace,
he or she intentionally places or attempts to place another person in
fear of death, imminent serious physical injury or physical injury. Menacing
in the third degree is a class B
Menacing in the Second Degree (Penal Law section 120.14) is an elevated
crime. There are three distinct aggravating factors which serve to elevate
the charge to Menacing in the Second Degree, a class A misdemeanor, punishable
by up to one year in jail. These factors are (i) committing a third-degree
menacing charge by displaying a deadly weapon, dangerous instrument or
what appears to be a pistol, revolver, rifle, shotgun, machine gun or
other firearm (PL 120.14(1); (ii) by following a person or engaging in
a course of conduct or repeatedly committing acts over a period of time
which constitute a third-degree menacing charge (PL 120.14(2); and (iii)
committing a third-degree menacing charge in violation of a duly served
order of protection or stay-away order from a judge (PL 120.14(3).
In circumstances where a person has been previously convicted of Menacing
in the Second Degree or the crime of menacing a police officer (PL 120.18)
within two years of the commission of the present alleged offense of menacing,
the matter would be elevated to a
A Yonkers Criminal Defense Attorney with Proven Results
There is nothing more important than your freedom and future. If you are
being investigated for a crime, if you have been charged or arrested,
both your freedom and future are at risk. Yonkers criminal defense attorneys
Andrew Proto and
David Sachs have the experience and resources to protect you and your rights.
As your criminal defense attorney we personally pledge:
That your case will receive
That you will be
That you will be
free telephone consultations to all our clients. During those consultations we will answer your questions
and to discuss available options for fighting the criminal charges facing you.
As soon as you hire our office, we will undertake a thorough review of
the facts, including a detailed analysis and investigation of the circumstances
and evidence involved in your case. We do this in order to determine what
may be useful in defending you against the likely arguments and claims
of the prosecutor.
Every case is personally handled by Stephen Riebling, Andrew Proto or David
Sachs, each a founding partner of the firm and each one
individually recognized for their professionalism and excellence in representing clients. You
will be confident that you and your case are in good hands.
No matter what the charges, from criminal violations to all misdemeanors
to all felonies, it is important that you take the crucial first step
of having the right criminal defense attorney.
Contact Us now for your free consultation and learn how
we will protect you.