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.
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:
Victims may also be angry and exaggerate claims. Defending against menacing charges may include:
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.
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.
Felony charges are pressed if the crime was committed under the following circumstances:
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.
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:
You’ll also be placed on probation following your release.
Penalties for Class 5 Felony Menacing
Felony charges have more serious consequences:
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:
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.
Frequently Asked Questions
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.
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.
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.
