Menacing in Greeley occurs when a person threatens injury, or their actions place or attempt to place another person in fear of serious bodily harm or death. This offense is taken seriously and can be charged as a misdemeanor or a felony. Having a Greeley criminal defense attorney at your side to protect you in the Weld County Court system is important. The government has lawyers – don’t go head to head with them alone, as they try for the harshest punishment. The attorneys at the O’Malley Law Office have been defending Menacing charges for over 30 years all across Colorado. We know how to aggressively fight for our client’s future. Below, our experienced attorneys discuss these 5 things you should know if you are facing a Menacing charge in Greeley:
- What is the Definition of Menacing in Weld County?
- What is the Definition of “Serious Bodily Injury” and “Deadly Weapon” When Used in Menacing cases in Greeley, Colorado?
- What is “Knowing” in a Menacing Charge in Greeley, Colorado?
- In Weld County, What is the Punishment for Menacing?
- Why Hire an Experienced Criminal Defense Attorney for a Menacing Charge in Greeley, Colorado?
#1. What is the Definition of Menacing, C.R.S. 18-3-206, in Weld County?
In Weld County, Menacing, C.R.S. 18-3-206, is defined as:
(a) By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(b) By the person representing verbally or otherwise that he or she is armed with a deadly weapon.
It is important to note that Menacing is also known as “threats” but is different than Assault. Menacing does not have as severe consequences as an Assault conviction does, because there is no physical contact or injury included. Assaults by definition involve some type of injury. Remember though, even without injury, Menacing cases should be taken seriously because any criminal conviction can affect your criminal record, life, and career. If you are facing an Assault charge, get help here.
#2. What are the Definitions of “Serious Bodily Injury” and “Deadly Weapon” When Used in Menacing cases in Greeley, Colorado?
It is vital to understand the language in your criminal charge and what the key terms mean, because these words must be proven by the government to convict you. In Greeley, the definition of “serious bodily injury” in Menacing is:
The definition of “deadly weapon” is:
These weapons do not have to actually be used on a person or even shown to another. The act of showing a weapon constitutes its use. Remember, if you pretend to have a weapon, such as having an item under your clothing which you imply is a gun, would qualify under the menacing definition. The use of a deadly weapon increases the sentence and penalties if you are convicted. Without a weapon used or pretended, Menacing is just a misdemeanor.
#3. What is “Knowing” in a Menacing Charge in Greeley, Colorado?
In Greeley, your intent and actions are what matter in a Menacing charge. If you “knowingly” attempt or place someone else in fear of serious bodily injury, then you can be charged. The prosecution does not have the burden to prove that the victim was scared just that you knew your conduct could place them in fear. This term prevents the government from charging you based on the unreasonable imagination of a “victim.” Imagine getting charged after a hyper-vigilant anti-gun-nut sees you carrying a concealed weapon in a restaurant, and calls police with a story of her “fear.” These people are real and their imagination knows no limits.
#4. In Weld County, What is the Punishment for Menacing?
When there is no use or threat of a deadly weapon, the sentence for a Menacing conviction in Weld County falls under a class 1 misdemeanor. The penalties for a class 1 misdemeanor can include up to 18 months in the Weld County Jail, and $500 to $5000 in fines. If there is use or threat of use of a deadly weapon, then the defendant will be charged with a class 5 felony which includes penalties of 1 – 3 years in the Colorado State Prison, and $1,000 to $100,000 in fines.
#5. Why Hire an Experienced Greeley Criminal Defense Attorney for a Menacing Charge?
Our Greeley, Colorado, criminal defense attorneys understand that comments and remarks can be miss construed in a way to mean something other than what a person intended. Alleged victims can also intend to harm a defendant by falsely accusing them of threats when none occurred. Hiring one of Colorado’s leading criminal defense attorneys is important to build your defense. Our attorneys will assess the details of your case and work to build the best possible defense.
Menacing is a serious charge with consequences that can, and often do, last a long time. Be smart and hire the best criminal defense attorneys in Greeley. Call 970-616-6009 to speak with an experienced criminal defense attorney in the Greeley or Weld County area today. Together, we can protect your future.
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