Menacing Defense Attorney Representing Clients in Denver Metro Area
Menacing Criminal Defense Attorney in Aurora, Colorado.
Criminal charges involving weapons are always treated seriously. Menacing at its core is the use of a weapon to cause someone to fear serious bodily injury. It is a standard charge you see in cases involving weapons without injury. It can be charged as an act of domestic violence.
There is a specific defense that can be applied, but they are dependent on the facts of each case. You should speak with a criminal defense attorney today to receive a free consultation. Our attorney represents defendants with criminal charges of menacing in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area.
What is Menacing under Colorado Law?
Menacing is knowingly using threats or actions to place another person in fear of imminent serious bodily injury or death. It also includes attempting to place someone in fears of serious bodily injury or death. The focus of the criminal charge is the defendant’s attempt and not the subjective response of the victim.
If the defendant does not use a deadly weapon or uses a simulated weapon, the criminal charge is a class 1 misdemeanor. The use of a deadly weapon will make the law violation a class 5 felony. Menacing can be charged as an act of domestic violence if the victim is someone that the defendant has had an intimate relationship with.
For the specific statutory language concerning third degree assault, see Colorado's Menacing Law.
What is the Punishment for a Menacing in Colorado?
Menacing can be a class one misdemeanor in Colorado. It can be punished by up to 18 months in jail and/or a fine of up to $1,000. Probation can be granted at the court discretion.
In determining the conditions of probation, the court will look at the defendant’s criminal history, facts of the case, and the relationship of the defendant and the victim. A court can order a defendant to anger management or alcohol classes if the facts warrant it.
If menacing is charged as a class five felony. It can be punished by one to three years in prison. The court can also impose a fine of $1,000 to $100,000. Probation can also be granted at the court’s discretion.
A defendant can be charged with menacing as an act of domestic violence. This would require a defendant to complete probation, which would include domestic violence counseling and treatment. It would also require the defendant’s criminal history to reflect a domestic violence finding, which could impact their ability to find work, housing, and gun rights. It would be wise to consult with a domestic violence attorney in these situations.
Colorado law requires you to forfeit any weapon used in a crime. If the police seized your weapon after a menacing case is filed, you may have to give it up. It is possible to save your firearm, but it is a rare thing to happen.
If alcohol was involved, a court may require a defendant to comply with monitored sobriety or alcohol treatment. Each case is different and should be assessed individually.
What are Common Menacing Defenses in Colorado?
The most common defense to a menacing is self-defense. This defense involves a defendant believing they are being attacked and responding with the appropriate amount of force to repeal that attack. A defendant can also attack the intent element of the criminal charge, and a defendant can claim they acted within the heat of passion.
There are various other affirmative defense or general defenses that can be applied. Defenses are dependent on the facts of a case, and a menacing defense attorney can help you figure out which option is best.
A defendant dealing with mental health problems has been charged with menacing when threatening self-harm. In that case, the defense is associated with the intent of the threats. The threats were towards the defendant and not towards the victim. Menacing is not based on the feelings of the victim.
Your attorney will also want to go over the facts and physical evidence closely with you. The physical evidence should line up with alleged attack. If a defendant says she was hit multiple times in the face, there should be injuries consistent with those allegations.
Speak with An Experienced Criminal Defense Attorney Today
Menacing charges are serious cases that require serious representation. The use of a weapon is always an aggravating factor to courts and prosecutors. It's always helpful to speak with a defense attorney if facing a menacing charge.
The criminal defense attorney at the Lawrence Law Firm provides a no obligation free consultation. We are open during regular business hours, and we will stay late and be available on the weekends if necessary. Schedule a free consultation with an Assault Defense Attorney from the Lawrence Law Firm. We are ready, willing, and able to represent you.
Menacing Defense Attorney in Aurora, Colorado
Do not face a menacing case alone. Speak with our experienced criminal defense attorney to discover your options. We have handled every form a criminal case and have the experience to represent you. Our office is in Aurora, but we handle cases in Denver, Arapahoe, Adams, Jefferson, Douglas, and surrounding courts in Colorado.