Sackets Harbor, NY asked in Criminal Law for New York

Q: What is the penal statute and penalty for threatening a criminal judge in ny state?

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1 Lawyer Answer

Aubrey Claudius Galloway

Answered
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: Several, including but not limited to the following, however it should be noted that there are MANY MORE FACTORS NEEDED TO GIVE AN ACCURATE ANSWER. NAMELY, WHO WAS IT TO HAVE ALLEGED TO THREATEN A JUDGE? (the defendant? if so the charges? a lawyer? a person in the courtroom? WHAT COURT WAS IT IN? (did this happen in a local criminal court, a City Criminal Court or a Supreme Court, for a certain county, Criminal Term?, et al).

Anyway, the statutes this person likely will be charged with are:

1. PL SECs 120.14 - menacing in the 2nd degree (assuming the person threatening the judge did put the judge in reasonable fear of physical injury), and depending on if he/she had previously committed this, sec 120.13 (1st) degree as well...either way, the former will be included, either as a charge in and of itself or a lesser included offense - 1st Degree is an E Felony so 1-5 years in prison, the 2nd degree up a year in jail;

2. PL Section 195.05, namely Obstruction of governmental administration in the 2nd degree - this is an A misdemeanor, so the sentence could be up to a year in jail;

3. Contempt of Court (the actual statute # I don't recall offhand, but it would be either: 1. Aggravated Criminal Contempt , 1st degree or 2nd (Efelony to b mis) either way it is a SERIOUS CHARGE- call 646-905-6268 for a free phone consultation or 1855-948-0100 for an office consult ($50 fee)

(PS - if this is an emergency and you want to talk to a lawyer fast, call my cell - 914-912-1555.

Aubrey C. Galloway III, Esq.

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