Menacing a Police Officer
If you were charged with the criminal offense of "menacing" a police officer then contact an experienced criminal defense attorney with the Law Office of Rochelle S. Berliner. Menacing is often called assault on a law enforcement officer with a deadly weapon in other jurisdictions.
All too often, charges of menacing or assault on a police officer are alleged after a New York Police Department (NYPD) officer uses excessive force to make an arrest. In order to justify the use of force the officer may lie or exaggerate a claim of assault on a police officer or menacing a police officer.
Menacing a Police Officer Defense Lawyer in New York
Rochelle Berliner is an attorney in the National Police Accountability Project (NPAP) which is dedicated to ending police abuse of authority through coordinated legal action, and support for grassroots and victims' organizations combating police misconduct.
After an accusation of assault or menacing a police officer, act quickly to find a qualified attorney to help you fight these serious charges and preserve any favorable evidence. Call 718-261-5600 today to speak with an attorney at the Law Office of Rochelle S. Berliner. We can begin your defense today to help you fight for the best result for any charge of menacing a police officer in New York City for Queens, Brooklyn, The Bronx, or Manhattan.
NY Menacing a Police Officer Information Center
- New York Penal Law Section 120.18
- Definition of Terms in the Menacing a Police Officer Statute
- Knowing that the Alleged Victim was a Police Officer
- Engaged in the Course of Official Duties
The criminal offense under New York law of Menacing a Police Officer [or Peace Officer] became effective on December 21, 2005. The charge is a Class "D" Felony under New York Penal Law 120.18.
Under New York law, the crime of menacing a police officer can be alleged when a person is accused of intentionally:
- placing or attempting to place a police officer [or peace officer] in reasonable fear of physical injury [or serious physical injury or death];
- by displaying a weapon including:
- any firearm whether or not it is loaded or operable including a revolver, shotgun, pistol, rifle, shotgun;
- a knife;
- any other type of deadly weapon; or
- where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer [or peace officer].
The laws in New York define certain terms for purposes of the "menacing a police officer" statute. The term "physical injury" is defined to mean substantial pain or impairment of physical condition. The term "serious physical injury" is defined to mean:
- protracted loss or impairment of the function of any bodily organ;
- serious and protracted disfigurement;
- protracted impairment of health; or
- impairment of a person's physical condition which creates a substantial risk of death, or which causes death.
The term "intent" is defined as a "conscious objective or purpose" to place or attempt to place a police officer [or peace officer] in reasonable fear of physical injury by displaying a weapon when his or her conscious objective or purpose is to do so.
In some cases it may be a defense that the person accused did not know that the person assaulted was a police officer. The standard jury instructions provide that the person accused "reasonably should have known" that the alleged victim was a police officer or peace officer if, "in the same circumstances, a reasonable person in the same position and possessing the same knowledge, would have known that such intended victim was a police officer [or peace officer].
The statute in New York for menacing a police officer requires that the police officer [or peace officer] was not acting as a private citizen but was instead engaged in the course of performing his or her official duties when he or she is acting pursuant to his or her occupation as a police officer [or peace officer].
Finding an Attorney to Fight the Charges of Menacing a Police Officer
If you were accused of menacing or assaulting a police officer then call an experienced and aggressive Queens criminal defense lawyer at the Law Office of Rochelle S. Berliner. As an member of the National Police Accountability Project (NPAP), Rochelle Berliner is dedicated to ending police abuse of authority through coordinated legal action, public education, and support for grassroots and victims' organizations combating police misconduct.
Call 718-261-5600 today or submit an online form to find out what you might need to do to protect yourself against these serious accusations of menacing a police officer in New York City including Queens, Manhattan, The Bronx or Brooklyn. Rochelle Berliner defends clients against all kinds of alleged assault charges.
Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...
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