In Colorado, menacing is a criminal offense which occurs if a person knowingly places, or attempts to place, another individual in fear of imminent serious bodily injury. “Serious bodily injury” means bodily harm which, either at the time of the actual injury or later, involves a significant risk of death, permanent disfigurement, protracted loss or impairment of the function of any limb or organ of the body, fractures, breaks, or second- or third-degree burns.
In order to find someone guilty of menacing, the prosecution does not need to prove the victim was in actual fear, but that the defendant had the intention and conduct to do so. In other words, all that is needed is that you were aware that your conduct was certain to provoke fear.
Menacing is considered a Class 3 misdemeanor if there is no weapon involved. This type of misdemeanor is punishable by a maximum jail sentence of six months and/or a fine of up to $750.
On the other hand, menacing can be a Class 5 felony if a deadly weapon was used or fashioned in a way to cause someone to reasonably believe that the article is a deadly weapon, or if the person committing the crime was armed with a deadly weapon. A Class 5 felony results in a maximum prison sentence of three years and/or a fine of up to $100,000.
Common examples of deadly weapons include, but are not limited to, the following:
- Brass knuckles
- Metal tools
- Baseball bats
- Any hidden object you can represent to be a deadly weapon
If you have been charged with criminal menacing in Colorado, you need an experienced criminal defense lawyer to protect your rights and future. I am David L. Owen and I have been helping my clients obtain favorable results for more than 30 years. I will thoroughly evaluate your case and determine the best course of action to get the justice you deserve.