In Weld County, if a person uses threats or actions to make someone feel in fear of serious bodily harm or death, then they can be charged with Menacing. Recently in Keenesburg, a man was charged with Menacing after he pointed a gun at a security guard during a party. Allegedly, the man had been removed from the party by the security guard and then pointed a gun at him as he drove by. Menacing charges in Weld County can be a misdemeanor or felony, depending on the criminal conduct. Below, our attorneys will discuss Menacing charges and why you need a skilled attorney representing you at the Weld County Court. If you are facing a charge of Menacing in Larimer County, get help here.
Legal Definition in Greeley or Keenesburg, Colorado, of Menacing, C.R.S. 18-3-206
In Greeley or Keenesburg, 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.
Is Menacing the Same Thing as Battery in Some Courts?
Menacing can also be called Battery in some cities and courts. Menacing or Battery is often charged with Assault if there is physical injury to someone. This can especially occur in cases of Domestic Violence. Menacing, however, does not have the severe punishments as Assault, since an Assault charge involves physical contact. In the case above, since there was no physical contact alleged, the man could only face a Menacing charge. However, if he had threatened and physically hurt the security guard, he could face both Menacing and Assault charges. To find out more about Assault charges, go here.
What is the Difference Between Misdemeanor Menacing and Felony Menacing in Weld County?
The difference in Misdemeanor Menacing and Felony Menacing charges, depends on whether the accusation contains the use or threatened use of a deadly weapon. Guns, knives, bricks, tools, baseball bats, or anything you use to represent a weapon, can be considered a deadly weapon. In the article above, since the guard thought that the man pointed a gun at him, a felony was charged. Fortunately for the man, the only thing found in the vehicle was a tire iron. The laws surrounding Menacing involve items used as deadly weapons, or statements or actions suggesting that a deadly weapon is present. For example, a baseball bat is not normally a deadly weapon, but if someone threatened another person with one, it would qualify for the felony charge.
Punishments and Sentence for a Menacing or Battery Conviction in Greeley, Colorado?
The sentence and punishments for Menacing or Battery (in some courts) depend on whether a deadly weapon was used to threaten the victim. The sentence for a Menacing / Battery conviction in Greeley, when no deadly weapon was used, is a class 1 misdemeanor. The penalties for a class 1 misdemeanor can include up to 364 days in the Weld County Jail, and up to a $1000 fine. The use or threat of use of a deadly weapon will involve the defendant getting 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.
Hiring Skilled Weld County Attorneys for Your Criminal Menacing Charge
In Weld County, a misdemeanor or felony Menacing conviction can lead to a lengthy stay in jail or prison, a loss of your job and a criminal record. Our skilled Menacing attorneys can study the details of your case and educate the district attorney for the best resolution of your charges.