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Posts tagged "Menacing"

Understanding Colorado's Laws: What is Menacing?

menacing-denver-jpgDenver Menacing Laws

It's important to be aware of and to understand Denver, Colorado's laws, as breaking them can result in penalties such as a jail or prison sentence, fines, probation, parole, sex offender treatment, and counseling, depending on the crime. Our goal at O'Malley and Sawyer is to help you protect your future, whether before or after you have been charged with a criminal offense in Denver. Today's topic: Menacing, C.R.S. 18-3-206.

Is Menacing a Domestic Violence Crime in Denver Courts?

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Menacing as Domestic Violence in Jefferson County, Colorado

Menacing can be used as a base crime for Domestic Violence, in Jefferson County, Colorado. In fact, we often see this connection. Usually, Menacing occurs after the breakup of a relationship. The man or woman starts issuing threats of injury if the other person does not restore the relationship with them or sees another person. By definition, Menacing involves any threat or physical action which knowingly places or attempts to place someone in fear of imminent serious bodily injury. This raises the question of whether a threat to harm in a non-serious manner, amounts to Menacing.

Menacing Lawyer in Arapahoe County and Jefferson County Colorado

Menacing with a Gun, Firearm or Knife? Denver Attorney

Menacing can Occur in Denver with all types of objects, including a gun, firearm or knife.  We've even seen police charge Menacing when someone says they were threatened to be hit by another. The object used in a threat does not determine whether Menacing happened, but rather the class / severity of the crime charged.

Jefferson County, Colorado Menacing vs. Jefferson County Self Defense

Menacing, Assault and Harassment vs. Self Defense - A Common Conflict

The crimes of Menacing, Assault and Harassment are directly at odds with the affirmative defense of Self Defense in Jefferson County, Colorado. Let's look at why one of the most commonly charged felony crimes conflicts with one of the most important statutory defenses available to men and women in Colorado. Use of Self Defense.

Menacing, C.R.S. 18-3-206 vs. Self Defense in Jefferson County, Colorado

Menacing-Self-Defense.jpgJefferson County Menacing Attorney - Self Defense Not Important to Police

Many traffic altercations quickly turn into Menacing charges for one party. Be careful in Jefferson County, because if you show a weapon in Self Defense, the other party may call the police and you will be charged with Felony Menacing. Police and Sheriff deputies never seem to understand or care about the law. They just make the arrest and let the attorneys sort it out in court. By default, they charge the person with the weapon. The Law on Self Defense.

Douglas County Lawyers - Menacing Charges in Douglas County, Colorado, C.R.S 18-3-206

Menacing-Lawyer.jpgMenacing Charges by False Allegations in Denver and Douglas County

Menacing is a crime that many people are falsely accused of in Douglas County and Denver. I see more and more charges of threatening by gun or knife arising from false reports to police. Sure, there is more aggression in our society than ever before. But, people are learning how to use the police to get revenge against another person. I represent people throughout our wonderful State in a variety of criminal matters; but Menacing is something especially near to my heart because of the over-charging and abusive false charges I see every day.

Disorderly Conduct or Menacing With a Gun in Traffic - Pueblo County?

TrafficB.jpgA recent Colorado Supreme Court opinion was of interest to the criminal defense lawyers at the O'Malley Law Office. The high court was asked to examine a lower court trial in Pueblo where a man was convicted of two counts of Menacing after the trial court refused to give a jury instruction for Disorderly Conduct with a Gun. The case was called People v. Naranjo, and on May 7, 2015, the Colorado Supreme Court reversed the trial court on the convictions. The facts as detailed by the witnesses were that the defendant displayed a firearm in highway traffic following an encounter with a man and his daughter. After being convicted of two counts of Felony Menacing, the man is now entitled to a new trial - with a lesser non-included jury instruction.

Menacing Charges - Denver Criminal Defense Attorney Help

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.

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Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

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