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Even the most level-headed people let their emotions get the best of them sometimes. When you’re angry you may say the most outlandish statements and may even threaten someone without thinking. While we all say or do things we regret later on, these intense emotions can result in an arrest and criminal charges of menacing.

Menacing, commonly referred to as battery in other states, is when a person knowingly places another person in fear of imminent serious bodily injury through threat or physical action. The crime is often charged in domestic violence situations and in those cases both parties may be guilty of the crime. No matter the circumstances, it’s important you begin building your defense as soon as possible if you’ve been charged with menacing in Colorado.

Denver Lawyer for Menacing Charges

Menacing is a fairly common crime, but the penalties for it are still quite harsh. That is why if you’ve been arrested for menacing or any other violent offense, then it’s within your best interest to contact Law Office of Matthew A. Martin, P.C.. Felony menacing Colorado attorney Matthew Martin has spent over years defending his client’s rights and liberty. He can assess your charges, advise you of your legal options, and then act as your guide in the judicial system.

Don’t wait another moment to begin building your defense. Call the attorneys at Law Office of Matthew A. Martin, P.C. to set up your first consultation free of charge. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area and surrounding counties including Douglas County, Jefferson County, Broomfield County, Boulder County, Adams County, and Arapahoe County.

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Colorado Law on Menacing

Menacing is often confused with the crime of assault, but both offenses are separate with distinct differences. While assault involves a person actively harming another, the act of menacing is just the attempt to seriously injure another or have them fear imminent injury. Menacing can be found under Section 18-3-206 of the Colorado Revised Code, which states a person is guilty of the crime if:

  • By threat or physical action, knowingly place or attempt to place another person in fear of imminent serious bodily injury. The offense is elevated if:
    • The use of a deadly weapon or any item that’s been fashioned or used in a manner it would be considered a deadly weapon; or
    • The person states or represents whether verbally or nonverbally that they are armed with a deadly weapon

Take note, the term “serious bodily injury” has a specific meaning under Colorado law. The term is defined under CRS Section 18-1-901(30(p) as any bodily injury which, either at the time of the actual injury or later on, involved one of the following:

  • Risk of serious permanent disfigurement
  • Risk of protracted loss or impairment of a body part or organ
  • Breaks or fractures
  • Third- or second-degree burns
  • A substantial risk of death

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What is Considered a Deadly Weapon in Colorado?

The sentencing for menacing is subject to enhancement if the court finds that a deadly weapon was used or present during the commission of the crime. Even if the victim never actually laid eyes on the deadly weapon, your charges are still susceptible to enhancement. Some examples of a deadly weapon defined under the Colorado Revised Statutes include:

  • Knives
  • Guns
  • Metal tools
  • Blow torches
  • Chainsaws
  • Fists in certain circumstances
  • Baseball bats
  • Any hidden object that be represented as a deadly weapon

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Can You Go to Jail for Menacing?

Generally speaking, there is a definite chance you may be sentenced to jail for menacing. Depending on the facts of the case, you’ll face either a felony or misdemeanor. The punishment for menacing can be found under CRS 18-3-206, which states a person is guilty of misdemeanor sentencing if no deadly weapon was used or represented during the commission of the crime.

The maximum sentence a person can receive for misdemeanor menacing in Colorado includes:

  • Up to 6 months in jail
  • A fine of up to $750

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What is the Sentence for Felony Menacing in Colorado?

A conviction for felony menacing carries the potential of prison time. The court will reclassify misdemeanor menacing charges to a felony if it was proven a deadly weapon was used or the victim saw/was presented with an item they believed was a deadly weapon. Menacing is a class 5 felony in Colorado, which carries the following sentence.

  • Up to 3 years in prison
  • A fine of up to $100,000

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How to Beat a Menacing Charge in Colorado

The first step is to refrain from any and all communications with police. As an American citizen, you reserve the right to not incriminate yourself by staying silent and retaining a lawyer. Exercise your rights immediately by staying silent with police and picking up the phone to dial an experienced and skilled criminal defense attorney. Anything you say to law enforcement, even if it’s a genuine effort to clear your name, could be used against you.

The best way to fight a menacing charge is to secure legal counsel and begin building a defense. Your attorney can examine every aspect of the case and determine if elements aren’t met or if mistakes were made by law enforcement during arrest. They can then utilize any valuable information to build your case and undermine the prosecution’s argument. An attorney will have an intricate knowledge of the law, court rules, and prior cases they’ve worked similar to yours. They have the skills and background needed to poke holes in the prosecution’s argument and convince the jury why the charges should be reduced or dismissed.

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Additional Resources

Menacing Laws in Colorado | CRS – Visit the official website for the Colorado Revised Statutes (CRS) to learn more about menacing. Access the site to learn the elements of the crime, penalties, admissible defenses, and other valuable information.

Jury Instructions for Menacing – Visit the official website for the Colorado courts to learn more about their jury instructions for menacing in 2019. Access the document jurors have when they’re hearing each case and determining a verdict. Read the document to see what the jurors will have at their desk such as legal definitions, a thorough breakdown of the elements, and the burden of proof for the prosecution.

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Denver Menacing Lawyer | Law Offices of Matthew Martin

If you or someone you love has been accused of menacing, then contact Law Office of Matthew A. Martin, P.C.. Attorney Matthew Martin is well-known in Colorado courts as a skilled and experienced defense attorney. With over 28 years of practice at trial, his promising track record speaks for itself. Contact Law Office of Matthew A. Martin, P.C. to learn what your available legal options are today.

Set up your first consultation free of charge by calling Law Office of Matthew A. Martin, P.C. at (303) 725-0017. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area and other counties nearby including Douglas County, Jefferson County, Adams County, Arapahoe County, Boulder County, and Broomfield County.