Being charged with Menacing in Colorado, whether as a misdemeanor or a felony, is more serious than many people realize. A conviction can result in jail time, a criminal record, and long-term consequences for your personal and professional life.
At O’Malley Law Office, we help clients facing Menacing charges understand their rights, explore their legal options, and build a strong defense strategy from day one.
Weld County Menacing Defense Attorney: What Is Menacing in Colorado?
Under Colorado Revised Statutes § 18-3-206, Menacing occurs when a person knowingly places or attempts to place another person in fear of imminent serious bodily injury through threats or physical action.
Menacing can be charged as either a misdemeanor or a felony, depending on whether a deadly weapon was involved.
Misdemeanor Menacing Lawyer in Windsor and Johnstown: What is Misdemeanor Menacing?
- Definition: Placing someone in fear of imminent serious bodily injury without the use of a deadly weapon.
- Charge Level: Class 1 Misdemeanor.
- Penalties:
- Up to 364 days in jail,
- Up to $1,000 in fines,
- Possible probation,
- Permanent criminal record.
A simple verbal threat or threatening gesture, even without physical contact, can result in a Menacing charge if the alleged victim claims they felt seriously afraid.
What is Felony Menacing in Erie and Evans?
- Definition: Menacing becomes a felony if you are alleged to have used or threatened the use of a deadly weapon (including firearms, knives, or even objects that appear to be weapons), or claimed to have a weapon during the threat.
- Charge Level: Class 5 Felony.
- Penalties:
- 1 to 3 years in prison (plus 2 years mandatory parole),
- Up to $100,000 in fines,
- Loss of firearm rights,
- Mandatory criminal background check flag for employers or landlords.
The felony enhancement is triggered not only by brandishing a weapon but also by statements like “I have a gun,” even if no weapon is found.
Common Examples of Menacing Charges in Weld County
Menacing can arise in a variety of everyday situations that escalate quickly:
- A heated road rage incident,
- An argument with a neighbor or coworker,
- A domestic dispute involving threats,
- Pointing or referencing a firearm or weapon during a disagreement,
- Threatening gestures perceived as placing someone in fear.
Often, these cases involve conflicting accounts, misunderstandings, or exaggerated claims, especially when emotions are high.