Menacing in the First Degree (NY PL 120.13) is only charged in Rochester when a person has previously been convicted of Second Degree Menacing within the past ten years.
Under the statute, if you have previously been convicted of Second Degree Menacing and commit similar conduct again, you can be charged with Menacing in the First Degree, a Class E Felony.
Menacing in the Second Degree has several parts:
● If you intentionally cause a person to be in fear of physical injury or death by displaying a deadly weapon or dangerous instrument (or what appears to be one).
● If you follow a person, engage in a course of conduct (over a period of time), or repeatedly commit acts with the intention of putting a person in fear of physical injury or death.
● If, through physical menace, you cause or attempt to cause a person who holds an order of protection (restraining order) against you to fear injury or death.
Conviction may or may not carry jail time, but if you avoid incarceration, probation is certain.
In all, the State of New York may have custody of you in one form or another for as long as four years, and you’ll have to live with a felony conviction and all the limitations that go with it, for the rest of your life.
The attorneys at Friedman & Ranzenhofer can make a difference in your menacing case.
Call us today at 585-484-7432 and speak to an experienced Rochester Menacing defense attorney for free.
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