Most young children were once taught “If you can’t say anything nice, don’t say anything at all.” Unfortunately, not everyone takes this to heart. Some people say hurtful things. Frighting and alarming things. Often in frustration. Sometimes in anger. However, when someone intentionally makes threats of physical harm to another person in Oregon, it can be a crime. It’s called “menacing.” This isn’t “sticks and stones” stuff. A crime borne out of people feeling threatened either verbally or physically can be quite real. It’s a Class A misdemeanor in Oregon punishable by fines, probation, and even jail time.
Menacing Defined
According to the law in Oregon, menacing is when a person threatens or “menaces” someone else either by intentional word or conduct. It also includes when a person attempts to place someone else in fear of being physically injured. It plays strongly on the fear factor. While menacing may be a very passive pursuit, it can also be very damaging. A finger needn’t be placed on someone else in order for them to be significantly harmed. Although the law generally applies to being physically present whilst threatening another person, menacing can also be insinuated by electronic means. Whether by text message, direct message on social media, email, or telephone, menacing is an act executed simply if a person wishes ill on another.
Examples of Menacing and Oregon Menacing Laws
In Solon, Ohio, Akshay Singh was arrested for disorderly conduct when he refused to leave his uncle’s home on June 13th. Later, Singh reportedly returned to the same area in search for his wife, who is in possession of a restraining order against Singh. Approaching his uncle’s house looking for her, Singh came wielding a baseball bat. It was the second time he was arrested that day, this time charged with trespassing and menacing. Instances like these are what makes the law against menacing so necessary. Singh was unable to incur any damage with his bat, but the evidence remained that he was unwanted on the premises and had a bat in his possession. In this situation, a menacing charge was understandably applicable.
In Oregon, menacing is listed as a Class A misdemeanor under ORS 163.190. It essentially consists of threatening another person with physical injury. Other crimes such as Assault could include intentionally or recklessly causing physical injury on another person either without weapons, alone or with the help of others. Therefore, in theory, threatening someone and then carrying out with that threat could involve two or three criminal charges (e.g. menacing, harassment, and assault).
Menacing Charges in Oregon
In Oregon, menacing involves putting someone in fear of imminent physical injury. This Class A misdemeanor is punishable by up to 1 year in jail and fines up to $6,250. If you have been charged with menacing, call an experienced criminal defense attorney. Menacing is a serious crime, but situations can also be misconstrued and exaggerated. It’s better to have an attorney with you who will ensure the best outcome in your favor.