Colorado Springs Menacing Defense Attorneys

Menacing is a crime that involves making another person feel that he or she is in imminent danger. It can be charged as a misdemeanor, or as a felony if it involves the use of a deadly weapon. If you are facing menacing charges, get a Colorado Springs criminal defense attorney on your side as soon as possible.

Menacing Case Results

Class 5 Felony Menacing and Harassment – No Felony Conviction, No Jail Time, No Record

Felony Menacing – Dismissed and Sealed

Third-Degree Assault, Felony Menacing – Dismissed and Sealed

Multiple Violent Crimes – Reduced to Probation and 2-Year Deferred Sentence

Multiple Felonies – No Conviction, Record Sealed – No Jail Time

How Does Colorado Law Define Menacing?

Menacing is defined in the Colorado statutes at CRS 18-3-206. The law states, “A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but it is a class 5 felony if committed:

(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 a Misdemeanor or a Felony in Colorado?

Menacing can be either a misdemeanor or a felony offense, depending on the circumstances. If no deadly weapon was used or represented during commission of the crime, it is a misdemeanor offense. If a deadly weapon was used, or the victim was made to believe a deadly weapon was being used, menacing is a felony offense. Various items could be considered deadly weapons for menacing purposes, including guns, knives, baseball bats, chainsaws, blow torches, metal tools, and any hidden object used to represent a deadly weapon.

What Are the Penalties for Menacing?

Penalties for menacing will depend on whether it is charged as a misdemeanor or a felony. Upon conviction of misdemeanor menacing, you could face up to six months in jail and a fine of up to $750. If menacing allegations against you involve use of a deadly weapon, you will be charged with a class 5 felony that carries much stiffer penalties, including up to three years in prison and a fine of up to $100,000.

What Are the Common Defenses Against Menacing Charges?

Legal defenses your Colorado Springs criminal defense lawyer can raise against menacing charges will depend on the circumstances of your case. Common defenses against menacing include the following:

You did not have a deadly weapon.

You had a weapon, but it was not deadly.

Your statements were not made as threats – it was not your intention to instill fear in the other person.

You acted in self-defense. Under Colorado law, it is permitted to use physical force to defend yourself or others if you use only the appropriate degree of force and if you reasonably believe it is necessary to protect against imminent harm.

You reasonably did not think your statements would cause anyone fear.

How Can a Colorado Springs Criminal Defense Attorney Help?

Conviction of menacing can have serious consequences, particularly if you end up with a felony offense on your record. Even a misdemeanor conviction could mean significant jail time and fines. If you are facing charges of menacing or harassment, your best chance of obtaining the most favorable outcome is to have an experienced criminal defense attorney on your side.

Our founding attorney at The Bussey Law Firm, P.C. is a former prosecutor and an experienced criminal trial lawyer. He has been voted Top Attorney in Colorado Springs by Colorado Springs Style magazine for nine years in a row. If you are facing menacing charges, contact us to arrange for a consultation with an experienced criminal defense attorney.