PL 120.13 · Article 120
Menacing in the First Degree
This offense requires both commission of second-degree menacing and a qualifying conviction within the preceding ten years. The prior conviction may be for second-degree menacing or menacing a police officer or peace officer; these are alternatives, not cumulative requirements.
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PL 120.13 · Original statutory wording; excerpts must be read together with the full section.
§ 120.13 Menacing in the first degree.
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 or
the crime of menacing a police officer or peace officer within the
preceding ten years.
Menacing in the first degree is a class E felony.Read the full section at the New York State SenateIn everyday language
This offense requires both commission of second-degree menacing and a qualifying conviction within the preceding ten years. The prior conviction may be for second-degree menacing or menacing a police officer or peace officer; these are alternatives, not cumulative requirements.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove beyond a reasonable doubt that the person accused committed the crime of second-degree menacing, including all elements of that incorporated offense; the supplied section does not itself set out those elements.
- The prosecutor must also prove a prior conviction within the preceding ten years for either second-degree menacing or menacing a police officer or peace officer. These qualifying prior offenses are alternatives, not cumulative requirements.
Defenses that commonly apply
- What evidence establishes each element of the alleged second-degree menacing?
- Do the conviction records identify the person accused and one of the specified qualifying offenses?
- Does the date of the prior conviction fall within the preceding ten years?
Penalties and collateral consequences
A Class E Felony carries a maximum sentence of up to 4 years and a fine of up to $5,000.
Common questions about your defense
Can a prior conviction outside the ten-year period support first-degree menacing?
The supplied statute requires a qualifying prior conviction within the preceding ten years. If the only conviction offered falls outside that period or is not for a listed offense, that could undermine the prior-conviction element. The prosecutor must still prove both the qualifying conviction and the current second-degree menacing beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 120.14 · Class A Misdemeanor
PL 120.20 · Class A Misdemeanor
PL 120.25 · Class D Felony
PL 120.03 · Class E Felony
PL 120.45 · Class B Misdemeanor
PL 120.50 · Class A Misdemeanor
PL 120.00 · Class A Misdemeanor
PL 120.05 · Class D Felony
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