Falsely Accused of Menacing in Greeley, Colorado? Skier Charged with Menacing

Have you or a loved one been falsely accused of Menacing in Greeley, Colorado? Greeley’s leading lawyers at the O’Malley Law Office can help you understand the court system and the best strategy given the facts of your case. Recently, in the ski town of Vail a man found himself facing a Menacing charge. While at a restaurant, he allegedly pulled a knife on another patron and threatened them with further injury from some chairs. If he were using the threats, weapon, and chairs to knowingly threat the other restaurant goers, then he could be charged with Menacing.

Colorado’s Definition of Menacing, C.R.S. 18-3-206, in Weld County?

In Weld County the definition of Menacing, 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 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.

In the case above, if the Greeley Police could prove that the man knowingly attempted to put the other restaurant patron in fear of imminent serious bodily injury while yielding the chair or knife, he could be charged with Menacing.

What is the Definition of Knowing in Greeley, Colorado?

For Menacing even when you are falsely accused of Menacing it can be charged in Greeley, the conduct of the defendant is examined. In C.R.S. 18-1-501, Knowingly is defined as:

(6) Knowingly or willfully. All offenses defined in this code in which the mental culpability requirement is expressed as “knowingly” or “willfully” are declared to be general intent crimes. A person acts “knowingly” or “willfully” with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts “knowingly” or “willfully”, with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.

It is important to note that, even if the other person is not afraid, the intent of the accused is what’s important.

Penalties and Sentence of Misdemeanor or Felony Menacing Conviction in Weld County

Menacing can be charge as a misdemeanor or a felony criminal charge in Weld County. The difference is whether a deadly weapon is involved or not. If a deadly weapon is not used, it is a class 3 misdemeanor sentence with penalties that can include up to 6 months in Weld County Jail and/or a fine of $50-$750. A Menacing conviction involving the use of a use of a deadly weapon is a class 5 felony, with penalties that include 1 – 3 years in the Colorado Department of Corrections and/or a fine of $1,000-$100,000.

Falsely Accused of Menacing in Greeley or Weld County? Call the O’Malley Law Office today to see how Greeley’s best criminal defense lawyers can help defend you. Do not speak to the police, but only with your defense attorney.

Call 970-616-6009 to talk with one of our experienced criminal defense lawyers in the Greeley and Weld County area today. Together, we can protect your future.

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