PL 120.14 · Article 120

Menacing in the Second Degree

This charge applies when you threaten another person with a weapon, or place them in reasonable fear of physical injury by displaying or threatening to use a weapon or dangerous instrument.

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What the prosecutor must prove

  • You threatened another person or placed them in reasonable fear.
  • A weapon or dangerous instrument was used, displayed or threatened.

Defenses that commonly apply

  • No weapon existed or was displayed.
  • The object was not a weapon or dangerous instrument as charged.
  • The fear alleged was not reasonable.

Penalties and collateral consequences

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000.

Every case turns on its own facts. The information on this page is general, not legal advice.

Related charges

Related practice areas

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