No one likes a bully. We all knew who they were in high school – that boy in PE who constantly harassed the weaker boys, or the popular girl who spread false rumors about other girls during lunch. Now that I’m grown up, I’m glad bullies are punished for their actions in the real-world. Unfortunately, our government in Weld, Morgan and Logan County doesn’t always draw the line between the defensive use of threats, and the criminal use of threats. If you protect yourself from a bully, you could be charged with Menacing – C.R.S. 18-3-206. If this has happened, you can use the affirmative defense of self-defense. Let me explain:
Self Defense and Menacing: An Example
Many of our clients who have been accused of Menacing involve the use of a gun or firearm. Our clients were using the gun to protect themselves or a loved one, but they ended up being charged with a crime. I’ll illustrate this with an example: Let’s say a man is driving to work one day in Greeley, and he stops at a red light. A man runs up to the car and starts trying to open the door. The driver has a concealed carry permit, so he pulls his handgun out of the glove compartment and brandishes it at the carjacker. After the incident, the driver is charged with Menacing because he placed another person “in fear of imminent serious bodily injury” with a deadly weapon. This is especially probable because our culture is growing more and more wary of guns – even when they are used correctly. Also, the “victim mentality” is growing in our culture – people don’t take responsibility for their actions, so criminals are suing and claiming crimes were committed against them.
Self-Defense: An Affirmative Defense Against Menacing Charges
People who have been falsely accused of felony or misdemeanor Menacing are be able to protect themselves from unjust charges in Evans, Erie, and Berthoud. This is done by utilizing the affirmative defense of self-defense. This is a fundamental right of every citizen which is protected in our U.S. and Colorado Constitutions. During a trial, once evidence of self-defense is presented to the jury, the District Attorney must prove beyond a reasonable doubt that you did not act in self-defense. With the help of an experienced criminal defense lawyer, this is a valuable tool which can be used to protect yourself from unjust Menacing accusations.