The prosecutor must prove items, or elements, that show the defendant committed the crime of menacing. For example, they have to show that the defendant used a deadly weapon if they want to convict you of felony menacing. They also have to prove that they caused someone to be in fear of severe bodily harm. However, if you did not commit a physical act of violence, the prosecutor must show that your threats put the victim in reasonable fear that you might hurt them.
Criminal defense lawyers have several possible defenses for a felony or misdemeanor menacing charge, including:
It’s important to note that even if you threaten someone with a weapon but don’t have it on you, you can still be charged and convicted of menacing.
Colorado Revised Statutes. CRS 18-3-206:
18-3-206. Menacing:
(1) A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
