In Weld County, Colorado, our top criminal defense lawyers advise you that anyone who threatens to seriously injure another person – whether by speech or action – can be charged with Menacing under C.R.S. 18-3-206. In New Castle, Colorado, the chief of police was charged with Felony Menacing earlier this year when he went to his neighbor – who was standing on his front porch – and pushed the muzzle of his semi-automatic rifle into his chest. The police chief, who was intoxicated at the time, claimed that his neighbor had killed his wife, and demanded that he open the door to his house to investigate his suspicions. On top of being charged with Menacing, he was also charged with Prohibited Use of a Weapon While Intoxicated and Harassment. Below our Menacing Attorney discuss this criminal charge.
Greeley, Colorado Definition of Menacing, C.R.S. 18-3-206
In Greeley, Colorado, the definition of Menacing under C.R.S. 18-3-206 is:
Important to note is that this crime is charged when someone threatens to seriously injure another. If the person followed through on the threat and hurt the other, they would then face an additional charge of Assault (18-3-202 through 18-3-204). Menacing is charged specifically when the person indicates imminent intent to injure another person by (actions or words), regardless of whether or not they actually do so. Imagine someone putting their finger inside their coat to simulate a weapon, saying “I’m going to blow you away if you don’t . . ..” This is a good example of Menacing, even without an actual firearm being displayed.
Misdemeanor vs. Felony Menacing in Windsor and Eaton, Colorado
In Windsor and Eaton, Colorado, Menacing can be a misdemeanor or felony according to C.R.S. 18-3-206. Subsection 1 continues:
Colorado law regards Menacing as a misdemeanor when the person charged does not use a deadly weapon or verbally indicate that they have a deadly weapon. The New Castle Police Chief in the above story was charged with Felony Menacing because he pointed his rifle at his neighbor. If he had instead threatened to beat up his neighbor by making a verbal threat or raising his fists at him, he likely would have been charged with Misdemeanor Menacing instead.
Penalties for Menacing in Weld County
Whether a deadly weapon was involved makes all the difference in a Menacing case and the penalties that follow. If charged as a misdemeanor, Menacing falls under class 1, the most severe class of misdemeanors. The penalty for misdemeanor Menacing is up to 364 days of Weld County Jail time and / or a fine of up to $1,000. If the Menacing charge is felonious, however, it is considered a class 5 felony, which carries much harsher penalties. Felony Menacing charges can mean 1 to 3 years of Colorado prison time, up to 2 years of parole, and / or fines between $1,000 and $100,000.
Why Hire a Leading Greeley Menacing Attorney?
Hiring a leading Greeley criminal defense attorney with more than 30 years of experience is your best option when charged with Menacing. Unfortunately, charging and finding someone guilty of Menacing is a relatively simple affair. All that the prosecution needs to prove is that you knew your speech or actions would cause another person to fear that you were going to imminently and seriously injure them. Our criminal defense lawyers will sit down with you, learn the facts of your case, and then build a solid defense strategy to your charges lowered or even dismissed completely. If you have been charged with Menacing, don’t take a chance with your finances or your freedom. Be smart, and exercise your right to remain silent before you speak to police or head to the Weld County Courthouse.