If are the defendant in a menacing case, you need the counsel of an experienced criminal defense attorney, even if you feel the charges are unfounded. Perhaps you believe the charge was the result of a misunderstanding. Or maybe your emotions got the best of you in the heat of the moment.
In any case, working with a seasoned attorney like Peakstone Law Group can give you the defense you are entitled to, in order to explain the charges, defend your rights, and work to secure you the best possible outcome in court.
Patterson Weaver is a former prosecutor who has years of experience as a menacing defense lawyer in Colorado Springs and the surrounding communities. His case results and testimonials speak for themselves. In many instances, he is able to obtain reduced charges, a lighter sentencing, and/or a sealed case to protect your reputation in the future.
Contact Peakstone Law Group, LLC today to learn more about how he and his team can assist if you or a loved one have been charged with menacing.
What Is Menacing?
Menacing is a criminal charge in the state of Colorado. The act of menacing is making another person feel as though they are in immediate danger of bodily harm, not at some time in the future. To menace someone is to knowingly cause them to fear imminent serious bodily injury.
Menacing can be planned or occur in the moment. For example, you can think about harming someone, go to their house, and when they open the door, tell them you are going to beat them up. Alternatively, you could get in an unexpected car accident and tell the other driver you are going to hurt them for damaging your vehicle. When the conduct of menacing includes the brandishing or use of a deadly weapon such as a knife or gun, the charges can be much more serious.
Intent Must Be Established
There are two types of menacing in the state of Colorado: misdemeanor or felony menacing, depending on the factors involved, usually the presence of a deadly weapon. A Class 1 Misdemeanor charge of menacing can become a Class 5 Felony if committed by the use of a firearm, knife, or bludgeon. C.R.S. 18-3-206.
What Counts as a Deadly Weapon for Colorado Springs Felony Menacing Charges?
If you are charged with menacing with a deadly weapon in Colorado, presence any of the following may apply:
- Guns
- Knives
- Metal tools (hammers, crowbars, etc.)
- Baseball bats
- Sticks
- Bottles
- Hands (in some instances, depending on the person)
Guns can include paint guns and toy guns, as the former can be dangerous without protective gear, and both can give the appearance of a real gun.
You’ll notice hands can also be considered a deadly weapon. If someone is larger or stronger than the person they are menacing, or if they are skilled in attacking with the hands, such as someone trained in boxing or the martial arts, their hands can be lethal. In Colorado, it is not unusual to see a felony charge of Menacing with hands as the deadly weapon in strangulation cases.
