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

Felony Menacing in Colorado – C.R.S. 18-3-206 (1)

| May 7, 2014 | Menacing |

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Being charged with Felony Menacing, C.R.S. 18-3-206(1), in Jefferson, Arapahoe, or Douglas County can change your life forever. Have you ever been so mad at someone you wanted to scare the…, you know what out of him? Of course you have, and so have I. Driving through Denver on I-70 or being in public situations where someone is rude can easily trigger thoughts of revenge. But what happens when a person plays with the idea too long and acts out on those thoughts?

Bob, an architect in Adams County, was still laughing when the Colorado State trooper pulled him over between Monument and Lone Tree on I-25. A man was going 60 miles per hour in the left lane where the speed limit was 75 miles per hour. Bob decided to wave his son’s toy handgun out the window as he passed the inconsiderate driver. He could see the man’s eyes, bigger than saucers, as he blew past him. Bob handed the trooper his driver’s license, registration, and proof of insurance and thought to himself, “The look on that guy’s face was well worth the ticket I’m going to get!” Bob remembers saying to the Trooper, “I just wanted to scare the idiot,” and “it was only a toy gun.” Before he knew it, Bob was under arrest and being transported to the Douglas County Detention facility.

C.R.S. 18-3-206(1) says “A person commits the crime of Menacing if, by threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury.” Menacing is a Felony if a person uses a deadly weapon or causes someone to believe he or she has a deadly weapon. The actor does not actually have to have a weapon, nor does the person he is trying to scare actually have to be frightened. The key to this crime are the intentions of the person being charged. Furthermore, Felony Menacing is will have a lifelong impact on Bob’s ability to carry a firearm.

Bob didn’t have to go to prison, but since he was architect, he was required to notify the Colorado Department of Regulatory Agencies, DORA, and they decided to take away his license. He paid a very high price for his moment of revenge.

Bob is not a bad guy he just made three big mistakes. He should have controlled his need to get even, he should never have talked with the police, and he did not hire an experienced criminal defense lawyer.

At the O’Malley Law Office, P.C. we leave nothing to chance. If you are charged with Felony Menacing anywhere in Colorado, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.