Greeley Menacing Lawyer
Menacing vs. Self Defense in Weld County

Self Defense is an important affirmative defense in Weld County, but often when defending yourself, you end up with Menacing charges.

Being able to use Self Defense is vital to residents of Greeley, Erie, and Evans. If you or your family are attacked or feel threatened, you should be able to protect yourself and your loved ones. However, there is a Colorado statute that directly contradicts your ability to defend yourself – Menacing. Let’s look at the Menacing statute and how it conflicts with your right to defend yourself.

Weld County Menacing Attorney: What is the Definition of Menacing?

The Colorado law 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.

During any hostile moment, a simple gesture can be seen as threatening. Often in these situations, just merely suggesting that you are willing to use force or a weapon to protect yourself can get you charged with this crime in Weld, Morgan, and Logan County.

Greeley Self Defense Attorney: What is the Legal Definition of Self Defense?

According to C.R.S. 18-1-704 – Use of Physical Force in Defense of a Person is defined as:

A person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.

The language above states that you do not have to wait to be attacked in order to defend yourself. The problem is that in order to be charged with Menacing you threaten to use force against someone and Self Defense justifies that same use or force against another. However, when the Greeley Police respond to a call, they just look to see if someone committed a crime based on the technical definition. They do not care about your defense of self.

 If you or someone you love has been charged with Menacing, be smart, exercise your right to remain silent, and contact the best Menacing attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.

Image Source: Pixabay-Skitterphoto

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