How easy is it to be charged and convicted of Felony Menacing in Colorado? If you ask a certain 76 year old, wheelchair bound, Greeley, Colorado woman, it’s very easy. She will be sentenced for Felony Menacing on October 25, 2013, for pointing a pellet gun at kids that were supposedly drawing on her sidewalk with chalk.
You can be arrested for Menacing in Denver, Arapahoe and Adams County if police believe you attempted to place another person in fear of serious bodily injury. The key feature to this crime is that the alleged victim must be in fear of imminent and serious injury. It does not matter if the fear is reasonable or if there was actual danger. If an angry neighbor or ex-boyfriend tells an Aurora cop he thought the fake gun was a .357 Magnum, and he was afraid for his life, that qualifies. So you can see, it is very easy to be charged with this serious offense simply by the word of another.
The difference between Felony Menacing and the lesser charge of Misdemeanor Menacing depends on whether the threat came in the form of a deadly weapon. If someone threatens with a whip it will most likely be charged as a misdemeanor, but if the threat is with a shotgun, it will be charged as a felony. You can be charged in Jefferson County with a Felony even if you don’t actually have a deadly weapon in your possession! All you need do is represent (lie) to another person that you have a deadly weapon. If that person tells the police they believed you had a weapon and they were in fear, that’s all it takes.
Menacing is one of many crimes in Douglas County, or anywhere in Colorado that can be charged based on the word of another person. That is why the United States and the Colorado Constitutions require prosecutors to prove their cases “beyond a reasonable doubt.” In reality however, people are often convicted of crimes they never committed. Don’t let that happen to you!
At the O’Malley Law Office, P.C. we make prosecutors prove their case, and we do not stop there. We are relentless in making sure your side of the story is defended. We investigate the motives of your accusers and we work hard to uncover every defense which will help your case. We can work with prosecutors to get the best deal possible, and we also know how to fight them before a jury if need be. So if you have been charged with Menacing, “be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.”