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Facing Menacing Charges? The Penalties Could Be Severe. You Need To Act Fast — Your FREEDOM Could Be On The Line.

The charges of menacing can result in jail time of six months to three years and hefty fines if convicted. If you or a loved one are facing menacing charges, you should contact a Colorado Springs menacing lawyer as soon as possible to get started on your defense.

When Should I Call a Colorado Springs Menacing Lawyer?  

Conflicts can easily escalate to the point where one person feels threatened or fears for their safety, leading to menacing charges. If you or a loved one are facing menacing charges, call a menacing lawyer immediately.

A lawyer can help build a defense that questions if the accused “knowingly” caused fear to the individual.

There are times when the authorities are dispatched to a situation, and the victim’s reaction to the argument leads to the charge of menacing. Charges of menacing can be filed even if:

  • The victim wasn’t afraid
  • You didn’t intend to cause fear

Victims may also be angry and exaggerate claims. Defending against menacing charges may include:

  • Proving that your actions were made in self-defense
  • Statements made were not threats
  • Your actions wouldn’t make a normal person afraid

A lawyer can also argue that your actions or the threat of violence were implied and couldn’t happen at that moment. If a felony charge is filed, the lawyer may try to argue that the weapon was not a deadly weapon. Of course, if a firearm was used in the threat, it would be difficult to prove that the weapon was not deadly.

Working with a lawyer can help you build a defense that reduces or eliminates the charges against you or a loved one. The goal is to avoid jail or prison time, high fines, and the incident going on your permanent record.

If you or a loved one are facing menacing charges, call us today to begin building your defense strategy.

Top-Rated Colorado Criminal Defense Lawyer

What Is Menacing? 

Menacing is part of Colorado statutes § 18-3-206, which states that menacing occurs if a person threatens or uses physical action to inflict fear on another person. The victim must believe that they’re at risk of imminent bodily harm.

If a person is engaging in actions to cause fear, this would be menacing. 

The crime of menacing without a deadly weapon involved (i.e. threats to beat someone up) is a class 3 misdemeanor, but the crime can be upgraded to a felony, depending on the circumstances surrounding the case.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

What Makes Menacing a Felony? ​

Felony charges are pressed if the crime was committed under the following circumstances:

  • A deadly weapon, or an item that was used in a way that the victim would think it was a deadly weapon, was used during the menacing.
  • The individual causing the menacing either verbally or otherwise claimed that they were armed with a deadly weapon.

Deadly weapons can be firearms, knives, or other objects that could be used to inflict significant bodily harm and/or could result in death. If an item was used during the threat, it would be considered a deadly weapon if a reasonable person would believe the item to be deadly.

For example, a reasonable person would view a baton or baseball bat as a deadly weapon, but a tennis ball would not be.

If, however, you’re pointing a toy gun at the person and it looks real, this would likely upgrade the charges to a felony because a reasonable person would assume the toy is a real gun. You can also be charged with a felony for pretending you have a gun, but never show it.

What Are the Penalties for Menacing in Colorado? 

Since menacing can be classified as a misdemeanor or felony, the penalties for the two will vary. Anyone facing felony charges should work with a menacing lawyer because the charges will go on your permanent record.

Penalties for Class 3 Misdemeanor Menacing

A class 3 charge is punishable by:

  • Maximum of six months in jail
  • Fines ranging between $50 and $750

You’ll also be placed on probation following your release.

Penalties for Class 5 Felony Menacing

Felony charges have more serious consequences:

  • 1 to 3 years in prison
  • Parole or probation
  • Fines of $1,000 to $100,000

If you’re an active-duty military member, you’re at risk of a court-martial proceeding. All persons charged with a class 5 felony may also lose their right to possess a firearm.

Other Criminal Charges PLUS Menacing

Menacing can be tacked on to a variety of criminal charges, which can increase fines and penalties. For example, if the menacing occurred during domestic violence, the charges will be a part of the crime of domestic violence.

In this case, the following occurs:

  • Increased penalties
  • Immediate restraining order

Federal charges may even apply, depending on the circumstances of the case. If the crime occurred on a military base or across state lines, federal charges may be pressed.

There are also times when menacing charges are part of an event where the victim is attacked, which would lead to a felony menacing charge and felony assault charges.

Working with a menacing lawyer with experience in Colorado menacing law is your best chance of beating or reducing the charges against you.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

What is the sentence for misdemeanors in Colorado?

  • Class 1

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
  • For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
  • For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
    • Peace officer,
    • Emergency medical provider,
    • Firefighter, or
    • Mental health professional at the Department of Human Services.
  • Class 2

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines

What are Colorado felony penalties?

  • Class 1

  • Life imprisonment
  • No Colorado crime carries the death penalty.
  • Class 2

  • 8 – 24 years in Colorado State Prison, and/or
  • $5,000 – $1,000,000
  • 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.
  • Class 3

  • 4-12 years in prison
  • Fines of up to $750,000 but not less than $3,000
  • 3 years of parole
  • Class 4

  • 2 – 6 years in prison, and/or
  • $2,000 – $500,000
  • 3 years of mandatory parole
  • For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.
  • Class 5

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000
  • 2 years of mandatory parole
  • For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.
  • Class 6

  • 1 – 18 months years in prison, and/or
  • $1,000 – $100,000
  • 1 year of mandatory parole
  • For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.

CALL NOW IF YOU HAVE BEEN ARRESTED

719-822-6227

Getting You To A Better Place Fast

At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.

What is considered menacing in Colorado?

In Colorado, the crime of menacing is when someone makes threats or uses threatening actions with the intent of placing another person in fear for their life or safety.

Can you go to jail for menacing?

In Colorado, a menacing conviction will almost always come with jail time (or even a prison sentence if it was felony menacing). This is one of the reasons why it is so important to get in contact with a menacing lawyer as soon as possible to start working on your defense.

Is menacing a felony in Colorado?

Menacing can either be a misdemeanor or a felony in Colorado, depending on the details of the crime. In order for the charge to be upgraded to a felony, the person charged with menacing must have been either using a deadly weapon or explicitly caused the victim to believe they had a deadly weapon.

Experienced Menacing Lawyer

Colorado Springs Menacing Lawyer Near You

When you’re charged with menacing in Colorado, you need a lawyer who is familiar with the laws and knows how the court system works. Criminal defense attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, a menacing lawyer can help you fight for a lesser charge, a reduced sentence, or another more favorable outcome. Contact us right away for a free case consultation.