In Greeley, Colorado, Assault, Battery and Menacing are often used as interchangeable terms. However, they are very different criminal charges. It is important to know the charges that you are facing and the penalties that each charge carries. If you are facing either an Assault or Menacing charge, then hire Weld County’s leading attorneys at the O’Malley Law Office to fight for the best outcome in your case.
What is the Definition of Menacing, C.R.S. 18-3-206, in Weld County?
In Weld County, Menacing or sometimes referred to as threats, 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.
Menacing does not carry the harsher penalties that an Assault conviction does, yet it should be taken seriously because any criminal conviction can affect your criminal record, life and career.
In Greeley, Colorado What is the Definition of Assault or Battery, C.R.S. 18-3-202?
The Greeley definition of Assault in the First Degree, C.R.S. 18-3-202 is:
(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or
(b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or
(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person.
Weld County Assault in the 2nd Degree and Assault in the 3rd Degree
Assault in the 2nd Degree, along with Assault in the 3rd Degree, are less serious than Assault in the 1st Degree. Generally speaking, crimes with serious bodily injury involving deadly weapons will be a felony, and those without serious bodily injury, or deadly weapons, will be charged as the misdemeanor Third Degree Assault. Sometimes, conduct resulting in serious bodily injury is charged as a felony, with the allegation that the use of someone’s hands, was the same as the use of a deadly weapon.
Penalties of a Menacing Conviction in Weld County
The sentence of a Menacing conviction in Weld County is a class 3 misdemeanor when there is no use or threat of a deadly weapon. The penalties can include up to 6 months in Weld County Jail, and/or $50 to $750 in fines. If there is use or threat 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 Department of Corrections, and/or $1,000 to $100,000 in fines.
In Greeley, Colorado, the Sentence and Penalties for an Assault or Battery Conviction
In Greeley, the penalties and sentences for an Assault or Battery conviction depends on the extent of the injury or if a deadly weapon was used. Here is a good summary of the law on Assault.
| Definition | Sentence | Penalties |
| Third Degree Assault – knowingly causing serious bodily injury, or negligence with a deadly weapon | Class 1 Misdemeanor for Assault in the 3rd Degree | 6 – 24 months in Weld County Jail and/or $500 to 5,000 in fines
|
| Second Degree Assault – intentionally causes serious bodily injury, intending or threatening to cause serious bodily injury to prevent an on-duty official | Class 4 Felony for
Assault in the 2nd Degree
|
2 – 16 years in prison and/or $2,000 to $500,000 in fines
|
| First Degree Assault – intentionally using a deadly weapon to cause serious bodily injury, intentionally to seriously injure an on-duty official.
|
Class 3 Felony for
Assault in the First Degree, unless special circumstances exist |
10 – 32 years in Colorado Department of Corrections and/or $3,000 to $750,000 in fines
|
Menacing and Assaults are serious charges with consequences that can, and often do, last a long time. Be smart and hire the best criminal defense attorneys in Greeley. Remember, avoid talking to the police, as they are likely to use your words against you. Police are not your friend. 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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