Finding yourself facing a charge of menacing at the state level can be a confusing situation to navigate. From simply determining what the charge refers to and figuring out what the potential consequences may be, a menacing charge needs to be explained. Never fight a menacing charge by yourself, rather use an accredited attorney familiar with menacing defense law.
What is Menacing?
Generally speaking, a charge of menacing is using various threats or acting with a certain conduct that puts another party in immediate fear of danger. The key is that menacing requires specific intent to cause fear, which must be proved by the prosecution. However, this definition will vary on a state-by-state basis.
In most cases, there are three degrees of menacing behavior that determine the severity of the charge you face. Third-degree menacing tends to simply be putting another person in a situation where they fear physical harm or death. Second-degree menacing is display third-degree behaviors while brandishing a weapon or some other deadly instrument. Finally, the most serious, first-degree menacing occurs when the crime of second-degree menacing has been committed by a person with a history of menacing convictions.
As mentioned, the specific definition and degrees of menacing behaviors can have slight differences on the state level, so refer to a state menacing defense law attorney for specifics.
Common Examples of Menacing Actions or Behaviors
Some of the most common examples of menacing behavior that might result in a legal charge include:
- Attempting to hit or hurt someone could result in a menacing charge even if they aren’t hit
- Brandishing a weapon in a deadly manner or towards a person’s body
- Engaging in a pattern of stalking that causes a person to feel extreme fear
As technology has advanced, new forms of menacing have emerged, including cyber menacing. Online harassment and threats can now result in a menacing charge in certain situations. Most often, the defense for a menacing charge will rely on a couple of factors, most notably:
- Was the conduct actually threatening?
- Was the threat too vague?
- Was the alleged fear unreasonable?
- Was the defendant acting in self-defense?
What are the Punishments Associated with Menacing?
Punishments for menacing charges can vary depending on the severity. A misdemeanor charge may only be punishable by up to a year in jail or with fines. However, if a weapon was used or a very serious threat was made, along with the defendant’s past history, the charge may be a felony which could come with incarceration in a state prison. While the specific length of time can vary, three to five years is not uncommon.
Seek a qualified attorney for your menacing case
Whether you’re facing a misdemeanor or felony menacing charge, it can come with some serious long-term consequences for your record. A qualified menacing defense attorney can help you navigate the legal process while arguing for your innocence if wrongly accused. Find legal protection in your area that can help you tackle your legal problems.