In contentious domestic situations, emotions often get the best of those involved. They can lead to loud arguments, or in some cases, accusations involving domestic violence.
Even if violence is not an issue, one of the participants of a domestic altercation can face an arrest on associated charges. For example, the act of menacing another is a crime in New York that could lead to harsh consequences upon conviction.
What does menacing involve?
According to New York law, you can face first, second or third-degree menacing charges. Actions considered menacing include the following:
- 3rd-degree menacing: With intent, puts or attempts to put someone in fear of imminent physical injury or death.
- 2nd-degree menacing: This can include:
- With intent, putting or attempting to put someone else in reasonable fear of injury or death by exhibiting a deadly weapon (or instrument)
- With intent, repeatedly following, stalking or exhibiting conduct putting or attempting to put someone in reasonable fear of death or injury
- Violating a protective order by engaging in 3rd degree menacing (the protective order makes this action a 2nd-degree offense).
- 1st-degree menacing: If you engage in 2nd-degree menacing after a prior conviction within ten years, you will likely face 1st-degree charges.
If convicted on menacing charges of any degree, you will probably have to spend some time behind bars. A 1st-degree offense could mean a sentence of four years in prison. For 2nd-degree charges, you could get a prison sentence of one year. If convicted on 3rd-degree charges, you could receive a sentence of three months in prison.
It is unwise to take these charges lightly, even if innocent. Instead, consider learning more about the domestic violence laws covering the Queens region of New York. The knowledge you gain can help you create a solid defense while protecting your freedom and reputation.