Physical menace in the context of an assault charge means an act or acts which are physically threatening to the victim.
Physical menace does not include words, even threats. It is a physical engagement in an altercation that would cause a reasonable person to experience fear of imminent injury or death.
Blocking a door might rise to level of physical menace, as would moving your coat to the side to reveal a weapon.
Physical menace isn’t a strictly defined element in New Jersey law, but rather a term that reflects the way a reasonable person would interpret a particular situation.
Juries evaluate the totality of the evidence to determine whether the actions alleged rise to the level of physical menace, thus meeting the definition, or whether the victim arrived at a conclusion that others would not.
Assault charges can be beaten in New Jersey.
Call attorney Matthew Reisig today at 732-625-9661 and get help protecting yourself.