Menacing in Denver, Adams, and Jefferson County is a crime that is constantly overcharged. Circumstances commonly involve allegations that someone committed an act which knowingly placed another person in fear of imminent serious bodily injury. The terms “imminent” and “serious” are really important. Beyond these key terms, the “act” could be completed by a threat or actual conduct. This crime can be charged as either a felony or a misdemeanor – both which have important consequences to anyone’s future.
How Can I be Charged with Menacing
Menacing is defined by broad and overly-inclusive language so that the interpretation of the key terms I identified above are open for debate. Police in Aurora, Lakewood, and Denver, will loosely define these terms so they can charge more people. One example is that you say to your sister that you are going to hurt her during an argument. Another example is where you are on your land when an unwanted person arrives. You display your gun to get them to leave. Soon thereafter, the police arrive and charge you with felony menacing. Menacing is routinely charged for incidents similar to these examples – even if it is clear you were exercising the affirmative defense of self-defense or when your sister makes the same statement to you!
What is the Punishment for Misdemeanor / Felony Menacing in Colorado
The most important element of Menacing under C.R.S. 18-3-206, is whether you threatened someone else while you had a deadly weapon. Threatening someone without a weapon in Broomfield, Douglas, and Arapahoe County is charged as a Class 3 misdemeanor. But, the crime is enhanced when there is a gun, knife, or other ‘deadly weapon’ involved. When a deadly weapon is used, Menacing is charged as a Class 5 felony. The punishment for threatening another person with a weapon present carries 6 months to 3 years in jail and a $750.00 to $100,000.00 fine. Obviously, the punishment for Menacing could have dreadful consequences on your future, family, and finances. Imagine not being able to go to work and make payments for food, rent / mortgage, and credit card bills.
Do I need a Criminal Defense Lawyer / Attorney?
Many people consider this question and whether they should just save the money of hiring a criminal lawyer. Dealing with Menacing charges in El Paso, Larimer, and Weld County, on your own can be disastrous. You need a Denver criminal defense lawyer who knows the system and can argue for your position. You need someone who knows the law and how DAs frequently overcharge people. You need someone who can spot and show a judge and jury how your accuser is really the person who should be charged. After over twenty-five years, our experienced criminal defense lawyers can do this. Don’t trust your family’s future to just any attorney. Above all else, don’t trust the police and DA to do the right thing. Police love to put away the “bad guy”. Colorado District Attorneys are after convictions and promotions. They want to make an example out of you or your loved one, so a “victim” will not complain against them. Read more about Menacing charges and Jury Hype.
Ensure your best chances by hiring a firm that is dedicated to protecting you. We are that firm and have handled many Menacing cases before. So, if you’ve been contacted by police, have a warrant for your arrest, or have been charged with the crime of Menacing, be smart, exercise your right to remain silent, and call us for a free consultation at 303-731-0719. Remember too, that we can visit your friend or loved one in the Adams, Arapahoe, Jefferson, Denver and Douglas County Jail. Together, we can protect your future.