Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Menacing, C.R.S. 18-3-206 vs. Self Defense in Jefferson County, Colorado

On Behalf of | Dec 12, 2016 | Menacing |

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Jefferson County Menacing Attorney – Self Defense Not Important to Police

Many traffic altercations quickly turn into Menacing charges for one party. Be careful in Jefferson County, because if you show a weapon in Self Defense, the other party may call the police and you will be charged with Felony Menacing. Police and Sheriff deputies never seem to understand or care about the law. They just make the arrest and let the attorneys sort it out in court. By default, they charge the person with the weapon. The Law on Self Defense.

Adams County Menacing: What is the Difference Between Felony and Misdemeanor Menacing?

In Adams County, Brighton and Northglenn, there is a line which separates Menacing into a Felony or a Misdemeanor. If you use an object which is capable of producing death or serious bodily injury to threaten someone, you will be charged with a felony. If you just threaten someone, but don’t have such a dangerous object, you will face misdemeanor Menacing charges. I can remember a prior client who confronted a sheriff deputy while he was trespassing on the man’s property. The man was arrested for felony menacing after displaying a shotgun to the deputy and ordering him off the private property (which was posted “no trespassing”). At trial, we argued self defense and defense of property as our defense theory. We won this jury trial. Unfortunately, law enforcement officers often act like they are god, and that the law does not apply to them. In reality, the law applies to everyone.

Douglas County and Arapahoe County Menacing Definition

Many of our criminal defense cases show the tendency of officers in Arapahoe and Douglas County, Colorado, to arrest and charge anyone using a firearm with Menacing. Self defense is something which your defense lawyer in Parker, Castle Rock and Highlands Ranch can advance at trial, but not with the government. People are quickly charged with a felony under the definition of Menacing for “any threat or physical action, which knowingly places or attempts to place another person in fear of imminent serious bodily injury.” Yet law enforcement don’t consider the affirmative defense that states you can Menace someone if doing so in defense of person or property. This affirmative defense comes from the U.S. and Colorado constitutions, and Colorado state statutory law. It can be a powerful tool in the hands of a criminal defense attorney.

Denver Criminal Defense Lawyers – We Care About Your Menacing Charges

Our lawyers are committed to proving your innocence when the Denver Police charge you with Menacing for the display of a firearm in self defense. You should not be arrested and charged with this serious crime in defense of yourself. Wrongful arrests occur way too often in Denver. It is a big deal to be taken and put in jail when you’ve done nothing wrong. If you have been charged with Menacing, be smart, exercise your right to remain silent, and call our experienced criminal defense lawyers at 303-731-0719. Together, we can protect your future.

Image Credit: Pixabay – sluehr3g