When an act of menacing involves a police officer, then the charges can become very serious. In New York (NY) causing a police officer to be in threat of physical injury is a class D felony. Those convicted will spend at least a few years in prison. Police officers are difficult to threaten because they are trained in combat, they carry weapons, and they are usually wearing armor. An act of violence of threat towards a police officer would only be considered menacing against a police officer if the offender were to use a deadly weapon such as a gun or a knife.
Crimes against Police Act
In 2005, New York (NY) established new laws that make it a more serious offense to assault, murder or menace a police officer in the course of their duty. This was done in order to provide more protection for police officers while they are trying to enforce the law. These new laws are amendments to the old statutes. Their role is to provide a more serious punishments for those who commit violent crimes upon police officers.
Punishments for Violence against the Police
Menacing is typically a misdemeanor, however when a serious threat is made toward a police officer, the offender can find themselves charged with a class D felony without a prior offense. This offense is given a determinant sentence, which means that the judge will not be able to make the sentence significantly lighter depending upon the circumstances of the crime. If a defendant is convicted of menacing a police officer, they will see mandatory jail time. Anyone sentenced for menacing a police officer will receive between 2 and 8 years in jail.