Are you facing a Menacing charge in Greeley, Colorado? When a person threatens to seriously injure another person in traffic or at other times, they can be charged with Road Rage and Menacing under C.R.S. 18-3-206. The attorneys at the O’Malley Law Office want to help you with your criminal case. We understand that emotions and anger can get the best of anyone, and we have over 30 years of experience defending Menacing charges. If you are facing criminal charges in Fort Collins or Larimer County get help here.
What is the Legal Definition of Menacing, C.R.S. 18-3-206, in Colorado?
The Colorado definition of Menacing and Road Rage under C.R.S. 18-3-206 is:
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 either a misdemeanor or felony, and is charged when someone threatens to seriously injure another, in words or actions. I this occurs during nearly every Road Rage incident, particularly if someone shows a firearm to another. It is a different criminal charge if the defendant acts upon the threats.
What is the Difference Between Menacing and Assault in Weld County?
Simply put, the difference between Menacing and Assault in Weld County is the action taken by the defendant. In a Menacing charge, the defendant threatens another person, however they do not actually follow through on the threat. In an Assault charge, there is an intentional infliction of bodily harm to another person. It is important to note that a person can be charged with Menacing and Assault if they both threaten a person and then act upon the threat. If you are facing Assault charges get help here.
Is It Misdemeanor Menacing or Felony Menacing if a Defendant Uses a Deadly Weapon in Greeley and Eaton, Colorado?
In Greeley, Eaton and the rest of Colorado, Menacing can be charged as either a Misdemeanor or a Felony depending on the circumstances. When the defendant does not use a deadly weapon or state verbally or by actions that they have a deadly weapon, then it is charged as Misdemeanor Menacing. If a defendant uses a deadly weapon or indicates they have one to threaten another person, then they can be charged with Felony Menacing and Road Rage. We see Menacing charged every time a Road Rage incident involves a gun in any manner.
Punishment for Road Rage and Menacing Conviction in Weld County?
The sentence in Weld County for Misdemeanor Menacing class 1 misdemeanor with penalties of up to 364 days of Weld County Jail time and / or a fine of up to $1,000. Felony Menacing is a class 5 felony, which carries much harsher penalties. Felony Menacing penalties are 1 to 3 years in a Colorado Prison, up to 2 years of parole, and / or fines between $1,000 and $100,000.
Hiring a Leading Windsor, Colorado Defense Attorney for Road Rage Menacing
A leading Windsor or Weld County defense attorney is important when you are facing either a misdemeanor or Road Rage felony Menacing charge. Time in jail, fines, and criminal charges can impact your future and our attorneys will fight to protect you. Let us learn the details of your case and help you through the Weld County Courts.
If you have been charged with Road Rage Felony Menacing, or misdemeanor Menacing, don’t take a chance with your future. Be smart and exercise your right to remain silent before you speak to police or head to the Weld County Courthouse. Get in contact with a defense lawyer with decades of experience at the O’Malley Law Office today at 970-616-6009. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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