Loveland Menacing Attorney
What Qualifies as Menacing In Colorado?
Colorado Revised Statute 18-3-206 states that criminal menacing occurs when a person willingly puts someone in fear of immediate severe bodily harm. In layman’s terms, menacing is when you convince someone that they are going to be hurt in the present, not at an abstract date in the future.
Verbal threats can qualify as menacing, as can physical behaviors. In Colorado, it is typically classified as a class 3 misdemeanor. With that said, it is possible for charges to be elevated to that of a class 5 felony in these circumstances:
- If the person uses a deadly weapon or gives people reason to believe that they are carrying a fatal weapon.
- If the person uses verbal or other indications to suggest that they are armed with an deadly weapon.
According to these definitions, state prosecutors must establish three separate things to build a felony menacing case.
- First, it needs to be established that the accused party knowingly took actions that would cause fear. Prosecutors can’t just establish that someone was afraid or felt threatened. They need to show that the accused intended to caused fear.
- It must also be demonstrated that the fear involved severe bodily harm. Simply fearing injury is not enough. Severe bodily harm related to injuries that could potentially be fatal, disfiguring, or lead to severe impairment.
- If a prosecutor is able to build a criminal menacing case, it will not qualify as a felony unless the accused was carrying a deadly weapon or implied they were carrying a deadly weapon. Examples of deadly weapons are knives, guns, baseball bats, and other weapons that could lead to a fatal injury.
The Consequences of Felony Menacing
In the state of Colorado, the consequences for felony menacing are more serious than they would for a misdemeanor. Felony menacing convictions can lead to a prison sentence of as much as three years and fines as high as $100,000.
If the defendant has not been charged with violent crimes in the past, and they do not have a history of criminal behavior, they may be offered probation rather than prison time. With that said, if the terms of probation are not followed, the defendant will be sent to prison to serve the remainder of their sentence. Parole violations can have very serious consequences.
Why You Need an Experienced Loveland Menacing Lawyer
While menacing charges might appear to be minor, they can actually be quite serious. When you’re facing criminal charges, it’s vital to take them seriously.
The prosecutor may be able to demonstrate to jurors that you have engaged in criminal behavior in the past. In a situation like this, the jurors may find it difficult to doubt your guilt. If you work with an experienced criminal defense attorney, you may be able to have your charges dismissed.
Even if you are convicted, it’s likely that your penalties will be less severe if you have an experienced criminal attorney working for you. It’s crucial to work with a lawyer that can guide you through this difficult process.
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