Colorado Menacing – Questions And Answers
Menacing In Colorado Can Be A Misdemeanor Or Felony
What Are The Essentials Of Colorado Menacing?
C.R.S. 18-3-206 defines this Colorado crime as any conduct which attempts to place someone else in fear of serious injury. If a deadly weapon, like a knife or a gun is involved in Denver, Arapahoe, Adams, Jefferson or Douglas counties, it is a Class 5 felony. Otherwise, it is a Class 3 misdemeanor.
What Are Deadly Weapons?
Under this statute, a deadly weapon is anything that, based on the manner used, is capable of producing death or serious bodily injury. We have defended clients accused of using their hands, baseball bats, bottles, rocks, hammers, knives, firearms or sticks as deadly weapons. The government will search for an item to use in support of the felony version of menacing whenever possible.
What Are Common Circumstances Of Menacing?
Generally, we see menacing charges when a person says another threatened him or her with a gun or firearm. We have seen this recently in road rage cases and in neighbor conflicts. If a gun is brought out and shown to another for intimidation or personal defense, the “victim” will call the police and say they felt threatened by the firearm. If there is an argument and a firearm is in the room, the “victim” will call police and they were threatened. Police frequently charge this crime in any instance where a firearm is anywhere nearby – it is their favorite in Denver and Douglas counties.
What Is The Punishment For A Menacing Conviction Under C.R.S. 18-3-206?
The misdemeanor menacing conviction is a Class 3 misdemeanor, which is the least serious in Colorado. Unless a defendant has an extensive criminal history, this will result in probation in Adams County or Jefferson County. The felony conviction will generally result in a probation sentence if there is no prior criminal history in Arapahoe County. If there is a prior criminal history, it is likely a defendant can get a county jail sentence. If the prior history is lengthy or violent, a prison sentence is possible. As always, a conviction for a felony will cause a citizen to lose their firearms rights, and will be prejudiced in the minds of future employers or housing renters.
How Does The Government Prove This Charge?
Usually, the presence of accusations and a weapon are sufficient to support the filing of menacing charges in Weld and Larimer counties. For a conviction, the government will generally need at least one witness in addition to its “victim” to counter the testimony of the defendant. This is an easy charge/accusation to make. A prosecutor doesn’t need physical injury or evidence of damaged property to bring the charge.
Why Call O'Malley and Sawyer, LLC?
We’ve been defending people charged with menacing in Colorado for 20 years. We are usually successful in getting the charges dismissed or significantly reduced. We recently worked with a client in Jefferson County, Colorado, to have menacing charges dismissed, where our client was accused of threatening an old friend and disgruntled debtor. We believe he made the threat accusation to avoid having to pay his debt to our client.
If you’ve been contacted by police concerning menacing charges or threats to another, be smart, exercise your right to remain silent and call us today at 303-731-0719. Together, we can protect your future.