With the first snow of the season comes excitement as kids have waited all year for sledding, snow angels, and of course, snowball fights. Adults do not always share in the excitement and one Aurora man went so far as to threaten the snowball throwers to halt their fun. According to the news report, the man was sleeping in his van when a group of kids, all younger than 13, began throwing snowballs at this van. In response, the man leaned out the window to show the kids his gun as he claims he felt scared. One of the kids reported that the man pulled the trigger, but the gun did not go off. Witnesses corroborate that the man did point the gun at the kids, however, the man claims the muzzle was always pointed up. After police caught up to the man, he was arrested and charged with Felony Menacing, Reckless Endangerment, and Child Abuse.
Weld Count Felony Menacing Lawyer: What is the Definition of Menacing?
The Colorado law definition of Menacing – C.R.S. 18-3-206 – is:
(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 Weld, Morgan, and Logan County, a gun is considered a deadly weapon. Whether the man pointed his gun at the kids or just waived it in the air, the Felony Menacing charge could still apply. This class 5 felony is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines.
Greeley Reckless Endangerment Lawyer: What is the Definition of Reckless Endangerment?
The Colorado law definition of Reckless Endangerment – C.R.S. 18-3-208 – is:
Because the man was waiving his gun around at the kids, it could be argued that he created a substantial risk of causing them serious bodily injury. This would definitely be the case if what the boy said was true and he pointed the gun directly at the kids and pulled the trigger. In Greeley, Fort Lupton, and Ault, this class 3 misdemeanor is punishable by up to 6 months in the Weld County Jail and up to $750 in fines.
If you or someone you love has been charged with or arrested for Menacing or Reckless Endangerment, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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