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Criminal charge

Menacing

Knowingly placing another in fear of imminent serious bodily injury.

Frequently asked questions

Becoming a felon is my single biggest fear in this case. What all comes along with being a felon?

Being a felon carries consequences well beyond the sentence itself, reaching into many parts of daily life. Alexis explains: "So, collateral consequences when it comes to felonies can be wide ranging. Can be impact on employment, getting jobs, getting certifications from the government. If you possess a professional license, it could prevent you from keeping that license and being able to work in a field of your choice. It can have an impact on trying to secure housing. And then also in the community, being a felon can have a stigma with family, friends, and the community that can have an impact on your life in addition to those that could be housing or employment. Travel to foreign countries can be impacted by a felony conviction." She calls these collateral consequences and describes them as wide ranging. They include employment, government certifications, professional licenses, securing housing, and even travel to foreign countries. She also notes a felony can carry a stigma with family, friends, and the community that affects your life on top of the housing and employment effects.

Answered by Alexis Austin Litle · Watch clip
During the argument I made a threat but I walked away and holstered my gun without ever reaching for it or pointing it. Does it really count as menacing if I never physically handled the weapon during the threat?

Menacing does not turn on whether you physically handled the weapon, because the firm explains the test is the fear your conduct created. The firm's Castle Rock menacing guide puts it plainly: "Even if you never intended to cause harm, aggressively displaying a deadly weapon can still lead to felony menacing charges. The key is whether the alleged victim genuinely feared imminent serious injury based on your actions." The guide says that even without an intent to cause harm, aggressively displaying a deadly weapon can still lead to felony menacing charges. The key it identifies is whether the alleged victim genuinely feared imminent serious injury based on your actions, not whether you reached for or pointed the weapon. The full explanation is on our blog.

Source · Read guide
How are Menacing cases handled in the Combined Court?

Menacing cases in Arapahoe County are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

Source · Court and DA info
I already paid a digital forensics expert to recover deleted videos off my old phone that show my ex-wife assaulting me. Would that recovered video evidence actually help my case?

Recovered video can matter, because video is among the kinds of evidence the firm identifies as useful for disproving an allegation. The firm's guide lists "Evidence that may help to disprove an allegeation of domestic violence includes:" and names "Surveillance video ... Medical records ... Eyewitness testimony." Video footage sits at the top of that list of evidence that can help disprove the allegation. The guide groups it alongside medical records and eyewitness testimony as material that supports a defense. The full breakdown is on our blog.

Source · Read guide
I felt like I got a vague, non-committal answer the first time, so I want it straight. Are these charges something that could actually get dismissed, or is that not even possible?

Dismissal is genuinely possible, even in cases that do not look promising at first, but it follows from investigating the case rather than assuming the outcome. Alexis is direct: "Every case deserves a thorough investigation before you consider any plea agreement. I've seen charges reduced or even dismissed in cases that initially looked hopeless." Her point is that every case deserves a thorough investigation before you consider any plea agreement. She says she has seen charges reduced or even dismissed in cases that initially looked hopeless. That is the basis for not treating dismissal as off the table.

Answered by Alexis Austin Litle · Watch clip
I just bonded out last night after nine hours at CJC on a menacing charge, and ending up back in jail is my biggest fear. Could that happen to me?

Jail is a real possibility on a menacing charge, and whether you are exposed to it depends largely on the level of the offense. The firm's guide on making threats addresses this directly, posing the question "Can you go to jail for making a threat?" The same guide explains that making a threat is usually a misdemeanor unless the situation involves a deadly weapon, the threat of a deadly weapon, or stalking, and that those circumstances can lead to felony charges. It also notes you are less likely to face severe consequences if you have not been convicted of a crime before. The full discussion is on our blog.

Source · Read guide
I just found out I do not qualify for a public defender and I am worried I cannot afford a private criminal defense lawyer. Is there a payment plan, or do I have to put up a bunch of money upfront?

You do not necessarily have to pay the full cost upfront, because quality firms build in payment options. Alexis puts it plainly: "Invest in experienced representation. The difference in outcome is often worth many times the difference in cost. And consider that reputable firms like ours often offer payment plans to make quality representation accessible." She frames this as a reason not to simply hire the cheapest lawyer you can find. Reputable firms like ours often offer payment plans precisely so that quality representation is accessible. Her point is that the difference in outcome is often worth many times the difference in cost.

Answered by Alexis Austin Litle · Watch clip
I just walked you through my whole account of what happened, and I want your honest read. If everything I told you is true, is there any chance of getting these menacing charges dropped or not being charged at all?

A menacing charge is not a foregone conclusion, because there are recognized paths to getting charges reduced or dismissed. The firm's Castle Rock menacing guide describes attorneys who have succeeded "in getting charges reduced or dismissed through motions and negotiations." The same guide frames seeking dismissal through assertive motions as a core strategy and points to diversion programs as a possible second chance. It treats a dedicated lawyer as essential when facing menacing charges and stresses that the charges must be challenged from every angle. The full discussion is on our blog.

Source · Read guide
I own about $10,000 worth of firearms and my whole life revolves around guns and law enforcement. If I get convicted as a felon, am I going to lose my guns and my right to ever buy guns again?

A felony conviction in Colorado puts your firearms and your right to buy guns directly at risk, and how permanent that loss is can depend on the type of felony. Alexis explains that when someone is convicted of a felony, "they're a felon they lose their voting rights they lose their gun rights." She draws a sharp contrast with domestic violence convictions, where she says a person who gets a misdemeanor domestic violence conviction will "lose their gun rights and they can never get them back." So a felony conviction threatens the guns and the gun rights at the center of your work, and a domestic violence conviction makes that loss permanent.

Answered by Alexis Austin Litle · Watch clip
I rejected the public defender's plea deal partly because it still came with probation, and what I really want is a clean outcome with nothing on my record. Is there any way to keep this off my record?

You turned down a deal that still carried probation because your goal is a clean outcome with nothing on your record, and there is a path that uses probation to get exactly that. Alexis puts it plainly: "if you take a plea and you do probation you can get the case dismissed at the end". She is describing a deferred sentence, where you do the probation and then the case is dismissed at the end rather than entering as a conviction. She notes people often resist this, asking why do probation at all if there is not going to be a conviction, and the way she frames it is that you put in the time to make sure you get this off your record.

Answered by Alexis Austin Litle · Watch clip
I want to hire your firm for my menacing case. Once I give you my case number, will you have access to the discovery right away, or is reviewing the evidence a later step?

When you bring us your case number, the case review does not wait for a later stage, because requesting the evidence is the first thing we do. Alexis explains: "once you call our firm what we do is we start getting to work on your case requesting every single thing the state could possibly have against you to make sure we're building the absolute best defense possible". She describes discovery as the police reports, the body-worn camera evidence, and any dash cam evidence, and says we send it all to our clients so they have a copy. You have a right to know what the state is bringing against you, and Alexis is clear that we are going to give it all to you rather than make you come into the office to view it.

Answered by Alexis Austin Litle · Watch clip
I was angry and loud at a gas station and cursed, but I never actually made a verbal threat to him. If I never threatened him, how does that even count as menacing?

Whether your conduct counts as menacing does not come down to whether you spoke a specific threat, because the charge focuses on the fear your actions created. The firm's guide on menacing explains: "Even if you never intended to cause harm, aggressively displaying a deadly weapon can still lead to felony menacing charges. The key is whether the alleged victim genuinely feared imminent serious injury based on your actions." The same guide states that the alleged victim must truly feel afraid and believe the threat is about to occur. By that standard, the question is not the exact words you used but whether your behavior made the alleged victim genuinely fear imminent serious injury.

Source · Read guide
I work as a correctional officer and my job is the first thing I think I could lose over this. Am I going to lose my job because of this case?

A felony conviction can reach your employment, including jobs and government certifications, so a position like yours can be exposed. Alexis explains: "So, collateral consequences when it comes to felonies can be wide ranging. Can be impact on employment, getting jobs, getting certifications from the government. If you possess a professional license, it could prevent you from keeping that license and being able to work in a field of your choice." She describes these as collateral consequences of a felony that can be wide ranging. Among them are the impact on employment, on getting jobs, and on getting certifications from the government. If you hold a professional license, she notes it could prevent you from keeping that license and working in your chosen field.

Answered by Alexis Austin Litle · Watch clip
If he lied to the cops about being scared and wasn't actually afraid of me, doesn't that mean there's no real crime here?

Right Law Group's guide explains: "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."

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If I get convicted as a felon, am I going to lose my guns and my right to ever buy guns again?

Right Law Group's guide explains: "In addition to fines and jail time, being convicted of a felony can have severe lifelong consequences. Felons can't buy or carry guns and are usually restricted from holding specific jobs, like teaching or working as an attorney or police officer."

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If police searched my car and found no gun, how can they still charge me with menacing?

Right Law Group's guide explains: "This offense can involve verbal threats, physical gestures, or the display of a weapon. If a person threatens someone without using a deadly weapon or implying its presence, the charge is typically a Class 3 misdemeanor."

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Is Making a Threat Illegal? How Far is Too Far?

Right Law Group's guide explains: "Many people have made joking or hyperbolic statements about wanting to hurt someone else. Usually, everyone present knows it’s a joke, and the situation ends there."

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My court date is only two days away and I have not hired a lawyer yet. What if I just show up to court without a lawyer and ask the judge for more time, can I do that?

Going to your first court date on your own to handle it yourself is exactly what the firm warns against. Alexis is direct: "If you go in the very first time, let's say you have a DUI charge and you go the first time to court without a lawyer, which I highly, highly recommend you do not do." She makes the point in the context of entering a plea, explaining that entering a not guilty plea triggers a formal process and sets the speedy trial clock ticking, giving you six months from that plea to have your case tried. Within that, she says going in the very first time to court without a lawyer is something she highly recommends you do not do. Her caution is about not walking into that first appearance unrepresented.

Answered by Alexis Austin Litle · Watch clip
The police searched my car, found no gun, and first told me I was free to go, then arrested me anyway after the alleged victim said he was afraid. If they found no gun, how can they still charge me with menacing?

A negative search for a weapon does not automatically end a menacing case, because the charge turns on the alleged victim's fear rather than on what was recovered. The firm's guide on menacing puts it plainly: "The alleged victim must truly feel afraid and believe the threat is about to occur." It notes that menacing rises to a felony when a deadly weapon is involved, but the same guide stresses that the key is whether the alleged victim genuinely feared imminent serious injury based on your actions. Menacing in Colorado is defined at C.R.S. 18-3-206 (https://hub.rightlawgroup.com/statutes/crs-18-3-206).

Source · Read guide
The public defender's office referred me to your firm after telling me I might not qualify for a public defender, and I'm calling around to compare options. How does signing up with you work?

When you sign on with Right Law Group, you are supported by a team rather than handed off to a single person. Alexis explains: "We like to make sure that we see people, not files. And as far as a team approach, we assign not just a an attorney to your case, but we also assign a dedicated case manager that will come alongside and help work the case with the attorney." Beyond the attorney and case manager, she notes the firm also has dedicated legal assistants, and that when you call the firm you are usually talking to one of the client relations specialists. As she puts it, the whole team is there to support you as the case progresses through the system.

Answered by Alexis Austin Litle · Watch clip
What all comes along with being a felon?

Right Law Group's guide explains: "In addition to fines and jail time, being convicted of a felony can have severe lifelong consequences. Felons can't buy or carry guns and are usually restricted from holding specific jobs, like teaching or working as an attorney or police officer. In Colorado, you will regain the right to vote only after you've completed your prison sentence; you won't be able to vote while in prison."

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What is the penalty for misdemeanor menacing in Colorado?

Menacing under C.R.S. 18-3-206 is a class 1 misdemeanor when no weapon is involved. Since March 1, 2022, a class 1 misdemeanor carries up to 364 days in county jail and a fine of up to $1,000 under C.R.S. 18-1.3-501. Menacing becomes a class 5 felony if the person used a deadly weapon or represented that they had one, which raises the exposure to a one-to-three-year presumptive prison range. The core of the offense is knowingly placing another person in fear of imminent serious bodily injury, so whether words or conduct crossed that line is often the central dispute.

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What judicial district covers Menacing cases?

Adams County falls within the 17th Judicial District, and Menacing cases there are heard in the Adams County Justice Center.

Source · Court and DA info
Where are Menacing cases heard?

Menacing cases connected to Adams County are heard in the Adams County Justice Center, part of the 17th Judicial District.

Source · Court and DA info

Each answer links directly to the source where a Right Law Group attorney addressed this question.

24 answers grounded in Right Law Group sources

Penalties

  • Class 1 Misdemeanor PenaltyUp to 364 days in jail · Up to $1,000
  • Class 3 Misdemeanorup to 6 months · up to $750
  • Class 4 Felony Penalty2–6 years in prison · $2,000–$500,000
  • Class 5 FelonyUp to four years
  • Class 5 Felony Penalty1–3 years in prison · $1,000–$100,000
  • Collateral Consequences
  • Permanent Criminal Record
  • Enhanced Penalties for Vulnerable Victims

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