Generally, Menacing involves placing someone in fear of serious bodily injury. This can occur by threat or by physical action. The Menacing statute, C.R.S. 18-3-206, requires that the person who places the victim in fear have a “knowing” mental state.
More specifically, C.R.S. 18-3-206 provides our working definition: “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.” This definition applies to both the misdemeanor version or felony version of this offense. For more, read our Menacing Basics Blog.
Anything Can be a Deadly Weapon in the Commission of Menacing
Menacing usually amounts to a class 3 misdemeanor, but if the offense involves brandishing a deadly weapon or telling the person that you have a weapon, it is a class 5 felony. “Deadly weapon” is defined very broadly and even a beer bottle could be considered a deadly weapon and justify a felony menacing charge. Moreover, case law defines the use of a deadly weapon broadly as well and can include just holding the weapon, not necessarily pointing or directing it at the individual if that causes fear of serious bodily injury.
Road Rage, Domestic Fights and Physical Altercations
In Adams, Jefferson, and Denver county, these charges can be seen in the context of domestic violence, road rage, or any kind of physical or altercation. In cases where menacing is alleged to be part of an act of domestic violence, the consequences can be very severe including undergoing a battery of domestic violence classes which can be both costly and time consuming. Road rage cases can also impact your driving record, insurance rates, and increase the length of probation.
Consequences of Charges are Severe
Regardless of the felony or misdemeanor classification, menacing is a serious offense. Individuals charged with Menacing in Arapahoe, Douglas or Broomfield county can also end up with restraining orders and no-contact orders. No one in the criminal justice system wants to permit someone who has made a threat to go near their victim. This knee jerk reaction can prevent parents of kids from seeing each other or going home. In some cases, the person charged cannot go to work because his or her “victim” works at the same location.
If you or a loved one are charged with menacing, consult an experienced lawyer. We have spent years defending the accused against Menacing cases across the state of Colorado, and we can help you. So, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.