Can You Go To Jail For Kicking Someone’s Car In Rockland County?

Road rage is a common issue for many motorists in New York, and traffic can easily push you over the edge. After getting out of your vehicle to shout at another driver, you might be tempted to kick or strike their car. Could you go to jail for this type of behavior? Does this constitute a form of assault? What if someone filmed your road rage incident and posted it online? How might this affect your career, your relationships, and your freedoms? These are just a few questions you might have after a particularly serious road rage incident in Rockland County.

Menacing Is a Serious Offense in New York 

If you cause someone to feel fear of imminent injury, you could be charged with a crime called “menacing.” In other words, you can go to jail for making threats in New York – even if you never actually touch the victim. Kicking someone’s car could be interpreted as menacing, especially if you do so in a particularly violent and threatening manner.

The same logic applies to banging on someone’s window, slicing their tires, or keying their car. This is especially problematic if the victim was locked inside their vehicle in an obviously fearful manner. It is worth noting that you do not actually have to utter threats in order to face menacing charges in New York. Even if you don’t say something like “I’m gonna kill you for hitting my brand new Porsche,” the victim may interpret the same kind of threat if you kick their vehicle.

Vandalism Charges Are Possible 

If you cause damage to the vehicle, you could face vandalism charges or offenses related to property damage. These are nowhere near as serious as “assaultive” crimes in New York – but they can still potentially lead to jail time. It is also worth noting that you may face these charges in addition to menacing charges after a road rage incident.

If the vehicle was parked with no one inside, however, you will only face consequences related to property damage and menacing.

Using a Deadly Weapon 

You may face even worse penalties if you use a deadly weapon to damage the vehicle. Although you might assume that only a firearm would meet the definition of a “deadly weapon,” something like a baseball bat or tire iron may also qualify. In this case, you could face menacing in the second degree.

Find a Qualified Assault Defense Attorney in Rockland County 

If you’ve been searching for a qualified, experienced New City assault violent crimes attorney, look no further than Phillip J. Murphy, Attorney at Law. Over the years, we have helped numerous assault defendants – and we know how easy it can be charged with this crime. Even if you did not physically touch the alleged “victim,” you could still face legal consequences for certain road rage incidents. Book your consultation today to get started with an effective defense strategy.

Sources: 

nycourts.gov/judges/cji/2-PenalLaw/120/120-14%282%29.pdf

nycourts.gov/judges/cji/2-PenalLaw/120/120-15.pdf