Colorado Felony Menacing Attorneys
The crime of Menacing in the state of Colorado can be charged either as a felony or as a misdemeanor. Many people have questions about the difference between misdemeanor vs. felony charges, the most significant being the difference in possible penalties and the consequences on your permanent criminal history record. If you or a loved one is charged with the crime of felony menacing, you are facing a class 5 felony offense in the state of Colorado. If you are convicted of felony menacing, you will remain a convicted felon for life.
How Does The State Prove Felony Menacing?
Felony menacing is defined in Colorado Revised Statutes 18-3-206. In order to prove that a defendant is guilty of felony menacing, the state must prove that the defendant placed, or attempted to place, another person in fear of imminent serious bodily injury by means of a deadly weapon. In plain language, the state is saying that you threatened someone with a gun, or a knife, or something that could do some serious damage. By the way, it doesn't even have to be an actual deadly weapon. If you threaten your neighbor with an air-gun, but they reasonably think that it is a real gun, you can still be charged with felony menacing. If you tell your neighbor that you have a gun and you're going to shoot them, but you don't show it to them, you still can be charged with felony menacing. If you tell your neighbor that you are going to get them, and you reach into your jacket as if you are going to pull out a gun, even in this situation you could be charged with felony menacing. Because of the broad language of this statute, this charge comes up in many different situations, even in situations when the defendant may be completely innocent, or may have been acting in self defense.