In Greeley and throughout Weld County, Menacing is a person and violent crime that is charged when someone threatens serious bodily injury to another.  This offense can be a misdemeanor or felony crime, and in both cases, it carries harsh penalties.  If you have been charged with Menacing, it is critical that you hire a leading criminal defense attorney to avoid suffering Weld County Jail or Colorado prison time you don’t deserve.  Read below to learn the difference between a misdemeanor and felony menacing.

Weld County Court Definition of Menacing, C.R.S. 18-3-206

The legal definition of Menacing, C.R.S. 18-3-206, as used by the Weld County Court is:

In essence, threatening another person to seriously hurt them (whether by verbal or nonverbal means) will result in Menacing charges.  Examples include telling another person you’ll beat them up if their dog goes onto your lawn, or showing your real gun to someone (or pretending to have a gun) in a way that could be construed as a threat.  Whether you follow through with the threat is irrelevant.  Simply making the threat is grounds for being charged with Menacing.

What is “Serious Bodily Injury” in Greeley?

The term “serious bodily injury” is critical to understanding the law on Menacing.  Serious bodily injury is defined under C.R.S. 18-1-901 as:

Serious bodily injury refers to significant pain, protracted disability, or permanent disfigurement as a result of another person’s actions.  By contrast, “bodily injury” simply refers to minor pain or illness.

Sentences and Penalties for Menacing, C.R.S. 18-3-206 in Weld County

Menacing, C.R.S. 18-3-206, is generally a class 1 misdemeanor in Weld County.  Penalties for class 1 misdemeanors include a maximum $1,000 in fines and 364 days in the Weld County Jail.  However, Menacing can also be a class 5 felony if the defendant uses or pretends to use a deadly weapon or any object capable of producing death or serious bodily injury.  When this is the case, a defendant convicted of felony Menacing can expect several different penalties, including:

• 1 to 3 years in a Colorado prison
• $1,000 to $100,000 in fines
• 2 years of mandatory parole following incarceration
• Mandatory firearm and ammunition relinquishment
• Restitution payments covering any losses of the victim

Both felony and misdemeanor Menacing charges can arise from a simple misunderstanding – even while the defendant is sincerely defending themselves.  This commonly occurs when our client shows a firearm to a dangerous and threatening driver.  The driver calls police and says that our client randomly waved a pistol at them.  Once police hear the word gun, they forget it is legal to defend yourself with a firearm.  Unfortunately, the Weld County District Attorney doesn’t see it this way, and the District Attorney will seek to convict and punish the defendant to the greatest extent possible in the Weld County Court.  If you have been charged with Menacing, it is crucial that you hire a leading criminal defense lawyer who can meet the district attorney head-on and defend your charges.  We will give legal notice of self-defense on your behalf and develop a solid defense for your jury.

Why Hire a Top Weld County Criminal Defense Attorney?

If you are facing a Menacing charge, now is the time to hire a top Weld County criminal defense attorney.  Being convicted of Menacing – regardless of whether it was a misdemeanor or felony charge – can be devastating.  Only the best defense lawyer will come alongside you during a stressful, terrifying time and give you the reassurance you need.  We’ve defended many people successfully from charges at the Weld County Court.  How have we successfully defended dozens of clients in Greeley?  It is with our unwavering commitment to our clients, our understanding of criminal law, years of experience, and the respect we generate from district attorneys.  Don’t delay seeking a criminal defense lawyer with the expertise and drive to get you the best possible outcome in your case.