Menacing Lawyer Denver, Colorado
Colorado Misdemeanor & Felony Menacing
The Denver menacing attorney at the
Law Office of Kevin Cahill will fully investigate the circumstances leading to the menacing charge
against you to build a strong case, vigorously defending you from prosecution.
Schedule your complimentary initial consultation today by completing our
contact form or dialing
What Is Menacing?
The definition of menacing is to threaten, express intention to harm, or
inflict pain or destruction. The minimum crime class for menacing is a class C misdemeanor or a class
5 felony if charged with the use of a weapon in commission of menacing.
What Is a Menacing Crime in Colorado?
Menacing is the legal term for what may be deemed ‘assault’ or ‘intimidation’ in other states — any conduct
that would place a reasonable person in fear of his or her immediate safety.
Menacing can be committed with a weapon or with words alone, and the only
elements the prosecutor will be required to prove beyond a reasonable
doubt are that you knowingly placed someone in fear of imminent bodily
injury, even if the person was not actually injured.
In some cases, a defendant may be convicted of menacing even if the victim
testifies that he or she was not put in fear of his or her life –
such as a situation where the victim was asleep at the time of the conduct.
If the prosecution can prove that a reasonable person
would have been placed in fear by the conduct, a judge or jury may find the defendant
guilty of menacing.
Menacing can also be a component of other crimes, like kidnapping or stalking.
For example, someone who engages in menacing to induce the victim to engage in
prostitution can be found guilty of pandering as well.
Felony vs Misdemeanor Menacing in Colorado
The key difference between felony menacing and misdemeanor menacing comes
down to whether there was a weapon involved. If there was no weapon present,
you're looking at a misdemeanor menacing charge. If a weapon was involved,
it would be considered a felony menacing charge. The definition of a weapon
in a menacing charge may be different than what you're accustomed to because
"causing fear" is the crime, and even a "fake" or
"toy" weapon could be considered a weapon under the felony menacing statute.
Felony Menacing in Colorado
If you’re charged with committing an act of menacing while using a
weapon (or threatening to use a weapon), you can be charged with a Class 5 felony. The
felony charge may be assessed even if the weapon you used was non-deadly (like a BB
gun) or if you were bluffing and had no weapon at all.
Class 5 felony convictions can result in a prison sentence of 1 to 3 years
and a fine of between $1,000 and $100,000, and the opportunity for sentencing
leniency is lessened. You may lose your ability to own a firearm if convicted of felony menacing.
Because the difference between menacing with a weapon and without a weapon
can be years of incarceration and tens of thousands of dollars, it can
be very important from a defense perspective to contest the admissibility
of any evidence of a weapon or threat of a weapon. That's why it's important
to contact a menacing attorney in Denver.
Most people can’t deny that they’ve been in a situation that,
when pushed and angered, they have ‘reacted’ before thinking
about the potential consequences. A situation where someone may be baiting
you, and you threaten them to the point that they are fearful, can garner
a charge of menacing.
If you have been charged with menacing in Colorado, it is important to
seek the counsel of an experienced Denver menacing lawyer. Remember, what
might seem like a heated exchange that went too far is nothing to contact
a lawyer about, a charge of menacing will mean having a criminal record,
which in turn can negatively affect any future charges brought against you.
Contact us today for a free and confidential consultation.