Yes. You can be charged with a crime for threatening someone in New York, but the charge depends on what was said or done, how the threat was communicated, whether physical conduct or a weapon was involved, and whether the conduct created the type of fear required by a particular statute.
New York does not use one general criminal-threat statute for every situation. Depending on the facts, prosecutors may consider menacing, harassment, aggravated harassment, criminal contempt, making a threat of mass harm, or another offense. Arthur L. Pressman, Attorney at Law represents people facing criminal accusations in Buffalo, Williamsville, Erie County, and nearby areas of Western New York.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
When Does a Threat Become a Crime in New York?
An angry statement is not automatically a crime. Prosecutors must prove the elements of a specific offense beyond a reasonable doubt. The legal analysis can change depending on whether the accusation involves words alone, threatening physical conduct, a displayed weapon, repeated conduct, electronic messages, an order of protection, or a threat directed at a group or public location.
New York Penal Law § 120.15 defines menacing in the third degree as intentionally placing or attempting to place another person in fear of death, imminent serious physical injury, or physical injury by physical menace. Menacing in the third degree is a class B misdemeanor.
Because the statute requires physical menace, harsh or angry words by themselves do not necessarily establish menacing in the third degree. The surrounding conduct matters.
Learn more about menacing in the third degree:
https://www.arthurpressmanlaw.com/buffalo-criminal-attorney-examines-menacing-in-the-third-degree/
For information about criminal defense representation:
https://www.arthurpressmanlaw.com/criminal-defense/
Menacing in the Second Degree Can Involve Weapons or Repeated Conduct
New York Penal Law § 120.14 defines several forms of menacing in the second degree. A person may be charged when the prosecution alleges that the person intentionally placed or attempted to place another person in reasonable fear of physical injury, serious physical injury, or death by displaying a deadly weapon, dangerous instrument, or what appeared to be a firearm.
The statute can also apply when a person repeatedly follows someone, engages in a course of conduct, or repeatedly commits acts over time while intentionally placing or attempting to place that person in reasonable fear of physical injury, serious physical injury, or death. Menacing in the second degree can also apply when someone commits menacing in the third degree in violation of a qualifying order of protection.
Menacing in the second degree is a class A misdemeanor.
Learn more about menacing in the second degree:
https://www.arthurpressmanlaw.com/buffalo-criminal-lawyer-on-menacing-in-the-second-degree/
A prior qualifying menacing conviction can make the charge more serious. Under New York Penal Law § 120.13, a person who commits menacing in the second degree after a conviction for menacing in the second degree or menacing a police officer or peace officer within the preceding ten years may be charged with menacing in the first degree. Menacing in the first degree is a class E felony.
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Can a Text Message, Social Media Post, or Phone Call Lead to Charges?
Yes. A threat allegation does not have to arise from a face-to-face confrontation.
New York Penal Law § 240.30 covers aggravated harassment in the second degree. One part of the statute applies when, with intent to harass another person, someone communicates a threat by telephone, computer, another electronic means, mail, or another form of communication to cause physical harm or unlawful harm to property, and the person knows or reasonably should know that the communication will cause reasonable fear for physical safety or property.
Aggravated harassment in the second degree is a class A misdemeanor.
Police and prosecutors may review:
- The full text, direct-message, or email thread
- Earlier communications between the people involved
- Whether messages were repeated
- The wording and context of the alleged threat
- Whether the recipient reasonably feared harm
- Whether the communication can be authenticated
- Whether an order of protection limited contact
A single screenshot may leave out context that changes the meaning of a conversation. Preserve the complete thread, including dates and timestamps, rather than deleting or editing messages.
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Read how assault charges can affect employment in New York and learn about underage drinking penalties and the issues families should discuss with defense counsel.
What About Harassment in the Second Degree?
New York Penal Law § 240.26 defines harassment in the second degree as a violation, not a misdemeanor or felony. It can include striking, shoving, kicking, or otherwise subjecting another person to physical contact, or attempting or threatening to do so, when done with intent to harass, annoy, or alarm.
The statute also covers following a person in or about a public place and engaging in a course of conduct or repeatedly committing acts that alarm or seriously annoy another person and serve no legitimate purpose.
Although harassment in the second degree is a violation, an allegation can still create significant legal consequences, especially when it is connected to an order of protection, a domestic dispute, or additional charges.
What About Threats of Mass Harm?
New York has separate statutes for certain threats directed at groups or places of assembly.
Under New York Penal Law § 240.78, a person can be charged with making a threat of mass harm when, with intent to intimidate a group of people or create public alarm, the person threatens serious physical injury or death at a school, place of worship, business, government building, or other place of assembly and causes a reasonable expectation or fear of serious physical injury or death, or causes an evacuation or lockdown. Making a threat of mass harm is a class B misdemeanor.
New York Penal Law § 240.79 defines aggravated threat of mass harm. It applies when a person engages in conduct covered by § 240.78 and commits an overt act in furtherance of the threatened conduct. The statute identifies examples such as making a plan, compiling a list of targets, possessing a weapon or device that could be used to carry out the threat, or taking another preparatory action. Aggravated threat of mass harm is a class A misdemeanor.
These statutes show why the exact words, audience, location, surrounding conduct, and alleged intent can change the charge.
Case Results
Threat Allegations in Domestic Violence Cases
Threat accusations can arise during disputes involving spouses, dating partners, former partners, relatives, or other family or household members. A criminal case in that setting may also involve an order of protection that limits direct or indirect contact while the case is pending.
Under New York Penal Law § 215.50, intentional disobedience or resistance to a lawful court mandate can support a criminal contempt in the second degree charge. Criminal contempt in the second degree is a class A misdemeanor.
Certain conduct that violates a duly served order of protection, or an order that the accused knew about because the accused was present when it was issued, can support criminal contempt in the first degree under New York Penal Law § 215.51. The statute includes several forms of threatening or fear-inducing conduct directed at a protected person. Criminal contempt in the first degree is a class E felony.
If an order of protection is in effect, follow it exactly. Do not assume that the protected person can give permission to ignore a court order.
For information about domestic violence defense:
https://www.arthurpressmanlaw.com/criminal-defense/domestic-violence-lawyer/
Does the Other Person Have to Be Physically Hurt?
No. A threat-related charge can be filed even when no one suffers a physical injury.
Menacing focuses on intentionally placing or attempting to place another person in the type of fear described by the statute. Aggravated harassment can focus on a threatening communication and the reasonable fear it causes or is expected to cause. Threat-of-mass-harm statutes can focus on public alarm, fear, evacuation, or lockdown.
If the accusation includes actual physical injury, prosecutors may consider separate or additional charges, including assault, depending on the facts.
Learn more about assault charges:
https://www.arthurpressmanlaw.com/criminal-defense/assault-and-battery/
What Evidence Matters in a New York Threat Case?
Threat cases are highly fact-specific. Evidence may include:
- Text messages, direct messages, emails, or voicemail recordings
- Social media posts, comments, or private messages
- Video from homes, businesses, doorbells, vehicles, or public locations
- Witness statements about words, gestures, distance, and conduct
- Evidence that a weapon was displayed or that an object appeared to be a firearm
- Call records, timestamps, and account information
- Prior communications between the people involved
- An order of protection and evidence showing whether the accused had notice of it
- Evidence showing whether the alleged conduct was isolated or repeated
- Records showing whether a school, business, or other location was evacuated or locked down
A defense attorney may examine whether the prosecution can prove the required intent, whether the alleged fear satisfies the statute, whether the conduct qualifies as physical menace, whether a weapon was displayed, whether electronic evidence can be authenticated, and whether statements were taken out of context.
What Are the Possible Penalties?
The potential sentence depends on the exact charge, the person’s criminal history, and other sentencing rules.
Under New York law:
- A class B misdemeanor can carry up to three months in jail.
- A class A misdemeanor can carry up to 364 days in jail.
- A violation can carry up to 15 days in jail.
- A class E felony can carry a maximum term of up to four years under the general felony sentencing statute, although criminal history and other sentencing provisions can change the available sentence.
A conviction can also create consequences beyond incarceration. Depending on the charge and the person’s circumstances, those consequences can affect employment, professional licensing, immigration matters, firearm possession, family court proceedings, and future criminal cases.
What Should You Do If Police Say You Threatened Someone?
Do not assume that explaining your intent to police will end the matter. Statements you make can become evidence.
If you are accused of making a threat:
- Preserve texts, emails, social media messages, videos, voicemails, and call records.
- Do not delete or edit communications.
- Avoid further contact with the complaining witness.
- Follow every term of an order of protection.
- Do not ask friends, relatives, or other people to contact the complaining witness for you.
- Save information that may show context, including earlier messages and timestamps.
- Speak with a criminal defense attorney before giving a detailed statement about the accusation.
If a court has restricted contact, indirect communication can create additional legal problems.
How Can a Buffalo Criminal Defense Attorney Help With a Threat Charge?
A criminal defense attorney can compare the accusation with the exact elements of the charged offense, review electronic evidence, identify witnesses, examine the context of disputed statements, and determine whether police obtained statements or evidence lawfully.
Depending on the charge, the defense may focus on questions such as:
- Was there physical menace?
- Was a weapon displayed?
- Did the conduct create the type of reasonable fear required by the statute?
- Was the conduct repeated?
- Can the prosecution prove the required intent?
- Was an electronic communication authenticated?
- Was an order of protection in effect, and did the accused have legally sufficient notice?
- Was a statement taken out of context?
Arthur L. Pressman has more than 35 years of legal experience and represents people facing criminal charges in Buffalo, Williamsville, Erie County, and nearby areas of Western New York.
Speak With a Buffalo Criminal Defense Attorney About a Threat Allegation
If you have been accused of threatening someone, get legal advice before making decisions that may affect your defense. Arthur L. Pressman, Attorney at Law offers a free legal evaluation and represents clients facing criminal accusations throughout Buffalo and nearby Western New York communities.
Call 716-517-4250 or contact the firm online:
https://www.arthurpressmanlaw.com/contact-us/
This article is for general informational purposes only and is not legal advice. Every case depends on its specific facts and applicable law. Consult an attorney about your situation.
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