PL 120.15 · Article 120
Menacing in the Third Degree
This offense concerns physical menace intended to place another person in fear of death, imminent serious physical injury, or physical injury. The statute covers both actually creating that fear and attempting to create it, and the prosecutor must prove the applicable requirements beyond a reasonable doubt.
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Text us immediately · (845) 290-2492Definition under New York law
PL 120.15 · Original statutory wording; excerpts must be read together with the full section.
§ 120.15 Menacing in the third degree. 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 misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense concerns physical menace intended to place another person in fear of death, imminent serious physical injury, or physical injury. The statute covers both actually creating that fear and attempting to create it, and the prosecutor must prove the applicable requirements beyond a reasonable doubt.
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 the applicable requirements beyond a reasonable doubt.
- The person accused acted by physical menace.
- The person accused intentionally placed, or attempted to place, another person in fear of death, imminent serious physical injury, or physical injury.
- Actually creating fear and attempting to create fear are alternatives, not cumulative requirements; the listed feared harms are also alternatives.
Defenses that commonly apply
- What physical conduct is alleged, and does the evidence establish physical menace?
- What evidence supports or contradicts an intent to cause fear of one of the specified harms?
- Do the circumstances establish actual fear or an intentional attempt to create that fear?
Penalties and collateral consequences
A Class B Misdemeanor carries a maximum sentence of up to 3 months and a fine of up to $500.
Common questions about your defense
Can third-degree menacing be challenged if the other person was not afraid?
The statute covers an intentional attempt to cause the specified fear as well as actually causing it. Evidence that the other person was not afraid could challenge actual fear, but would not by itself defeat the attempt alternative. A challenge could instead focus on whether physical menace and the required intent are proven 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 120.10 · Class B Felony
PL 120.14 · Class A Misdemeanor
PL 240.26 · Violation
PL 120.00 · Class A Misdemeanor
PL 120.13 · Class E Felony
PL 120.20 · Class A Misdemeanor
PL 120.25 · Class D Felony
PL 120.03 · Class E Felony
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