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Did you know that accused of menacing could actually be proved innocent? And a victim of menacing could have the best opportunity to recover as fully as possible from the crime?
Behind every criminal charge, there is a much more complex map that has the way to your freedom and your rights preservation. That is why when it comes to criminal defense, you are almost always best served by obtaining a criminal defense lawyer.
MENACING DEFENSE ATTORNEYS AT THE LAW OFFICE OF YELENA SHAROVA ARE TOP MENACING ATTORNEYS IN NEW YORK.
If you have been accused of menacing contact us for professional legal help.
WHAT IS MENACING?
Since menacing is quite a special area of criminal law, at the beginning let’s explore quickly what does menacing mean.
Menacing is the placing another person in fear of imminent bodily harm or unwanted physical contact and causing the other person to believe that the threats are real.
A crucial element of both misdemeanor and felony menacing is an intention to cause fear in the victim. In fact, an intention to harm the victim is unnecessary.The degree of the menacing charge and the penalties vary based on the type of threat made.
In many instances, the menacing laws in New York have a similar background as general assault crimes in other states -they incorporate an element of a conduct intended to cause fear in others. One of the differences is that New York’s laws involve some forms of stalking.
The fact is that New York’s subway system sees the most public acts of menacing, however menacing crimes can also take place during street or bar fights or domestic disputes.
MENACING: LEGAL DEFINITION
Since the criminal law differs from the state to state, a legal definition of menacing has its certain place in the New York State legal system. According to the NYS penal law, menacing has three degrees of charge, hence three definitions:
The following statutes of NYC Penal Code contain information on menacing:
New York Penal Law Section 120.13 (1st degree menacing)
New York Penal Law Section 120.14 (2nd degree menacing)
New York Penal Law Section 120.15 (3rd degree menacing)
Menacing: The threat of murder or serious harm to health, if there were reasons to fear the implementation of this threat, shall be punished by restraint of liberty.
The threat can be expressed in any form: orally, in writing, with the help of gestures, demonstration of weapons, etc. The content threat is the statement of intent to take life or cause serious harm to health. Responsibility for the threat comes if there were reasons to fear and the implementation of this threat. When assessing the reality of the threat, it is necessary to take into account all the circumstances of a particular case: the situation of the crime, the relationship between the perpetrator and the victim. The object of the crime is the life and health of the individual. The objective side is expressed in the threat of murder or causing serious harm to health if there was a reason to fear the threat.
Analyzing the threat, it is necessary to talk about its content, ways of expression and about the requirements imposed on it by the criminal law requirements.
How to avoid responsibility for the menacing charge: Top Menacing crime Attorney, New York
The easiest way to avoid responsibility for the menacing charge is to negotiate with the victim. If the threats were real, said in a fit of strong emotions, intoxicated, then reconciliation is the best option. This will advise you to our menacing lawyer (New York) defender in criminal proceedings.
The algorithm of your actions is simple:
1. You bring public apologies to the second side of the conflict.
2. You assure that words or actions did not carry real character.
3. Agree on possible compensation for moral damage.
4. Reconcile your guilt with real payments or actions aimed at reconciliation with the injured party.
In this way, it is really possible to solve the problem in the pretrial order.
MENACING ATTORNEY’S ADVICE
If the question is that you did not do anything like that, and the other side implements a motive of revenge or pressure on you, then the matter becomes much more complicated. We will have to defend ourselves by all legal means: to file a petition for the prosecutor to return the case, hold confrontations with the victim, ask the investigators to propose to undergo a polygraph, declare witnesses who know the circumstances of the incident or who have seen when everything happened, use other remedies to prove his or her innocence under the New York Criminal Code.
HOW TO PROVE MENACING? THE THREAT OF MURDER OR MENACING DEFENSE AGAINST THE CHARGES?
The clients of our criminal lawyers often ask these questions. In this case, all applicants can be divided into two groups. Those who are illegally accused of a crime are asked how to prove their innocence by the threat of murder under the Criminal Code. And the victims in the case most often care about how to prosecute the offender.
Sometimes unpleasant words can be said to the interlocutor in a fit of anger, but the other side of the conflict takes them seriously, takes the opponent to court. And later an accused of menacing has a problem, how to avoid punishment under the Criminal Code of New York City. It is necessary to prove the absence of motives for the realization of threats. To complete the case successfully, you just need the help of an experienced menacing attorney (Queens or any other district in New York)
WHAT IS THE THREAT OF MURDER (MENACING CHARGE)?
MENACING CRIMINAL DEFENSE (NEW YORK)
The threat of murder or the infliction of grievous bodily harm is part of the crime under Menacing (New York Criminal Code). Defendants must understand that they face death threats. Responsibility is limited to correctional work, imprisonment for up to 2 years. If such offenses are of a national, political, religious nature, then the punishment is much more serious. For such charges, you can get a sentence of correctional labor up to 5 years with suspension from the main place of employment, imprisonment up to 5 years. If the case is not initiated immediately, then the victim with a menacing attorney (New York) can go through the procedure for appealing against the refusal to initiate a criminal case and get punishment, so the time is not on your side.
The investigator must prove those death threats or the infliction of grievous bodily harm:
Real (deliberately pronounced);
that the defendant had a motive for killing the injured party;
defendant could have realized his criminal intent really, and not limited to just a meaningless phrase.
If you have been accused of menacing and need professional criminal defense menacing attorney, contact as soon as possible.
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