Title: New York Penal Law 120.14: Understanding the "Physical Menace" Element of a New York Menacing Arrest — New York Criminal Lawyer Blog — March 29, 2018
Headings: New York Penal Law 120.14: Understanding the “Physical Menace” Element of a New York Menacing Arrest
New York Penal Law 120.14: Understanding the “Physical Menace” Element of a New York Menacing Arrest
Content: New York Penal Law 120.14: Understanding the "Physical Menace" Element of a New York Menacing Arrest — New York Criminal Lawyer Blog — March 29, 2018
March 29, 2018
New York Penal Law 120.14: Understanding the “Physical Menace” Element of a New York Menacing Arrest
by Jeremy Saland
Menacing in the Third Degree, New York Penal Law 120.15, is a B misdemeanor in New York punishable by up to 90 days in jail. “ Menacing” refers to a crime in which a person intentionally places another person in fear for their physical safety by “physical menace.” The question then follows, “What is physical menace and how do New York courts interpret the Penal Law with regard to menacing?” The answer seems simple enough (but as your criminal lawyer can attest to, nothing in the New York Penal Law is so simple) – some physical act that is menacing. As generic and easy as that sounds, this leaves a good deal of room for interpretation. If a person calmly reaches into their pocket, it’s certainly a physical act, but is it menacing? The answer will almost always depend on the particular facts and circumstances of a given case. In a recent case in New York City’s Manhattan Criminal Court, People v. Gayle, the defendant was accused of Menacing in the Third Degree pursuant to PL 120.15, and attempted to have the Court dismiss that charge based on the argument that the allegations, even if they were true, did not establish that his actions constituted “physical menace.”