Living in a busy city like Denver, it is easy for everyday frustrations to escalate into conflict on the road, in a parking lot, or in a store. What may begin as a brief verbal exchange can sometimes result in a felony menacing charge. In other cases, the dispute may occur at home with a spouse, partner, or family member, a situation that may have seemed routine at the time but now carries serious criminal consequences.
Defined in the Colorado Revised Statutes (CRS) 18-3-206, felony menacing is a class 5 felony, which can carry 1 to 3 years in prison and fines up to $100,000. Plus, the consequences can follow you for life. When you find out about this charge, it’s critical to get in front of it with the help of an experienced criminal defense lawyer. M. Colin Bresee has helped countless clients in situations just like yours. Call him today for a free consultation to learn how he can help you.
With so much at stake, the first step is understanding exactly what felony menacing is and how Colorado law defines it.
Menacing is when one person makes a verbal threat or physical action that is intended to make another person fear imminent serious bodily injury. Menacing becomes felony menacing when the threat or action is made using a firearm, knife, bludgeon, or a “simulated” version of one of these weapons.
Legal Definition Under Colorado Law (C.R.S. 18-3-206)
The statutory definition of menacing is:
A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 1 misdemeanor, but it is a class 5 felony if committed by the use of a firearm, knife, or bludgeon, or a simulated firearm, knife, or bludgeon.
Key Elements Prosecutors Must Prove
Looking at the statutory definition, there are three aspects that prosecutors must prove to show felony menacing:
- Intent: Prosecutors must show that you “knowingly” attempted to place the other person in fear of imminent serious bodily injury
- Conduct: Prosecutors must show that you made either a verbal threat or made a threatening action.
- Deadly weapon: The law elevates menacing to felony menacing when a deadly weapon or a “simulated” deadly weapon is involved. For example, placing your hand in a coat pocket in a way that appears to simulate a firearm could potentially be treated as a weapon, depending on how the situation is interpreted by prosecutors and your defense attorney.
Note that the law doesn’t require that the other person actually fear imminent bodily injury, only that you attempted to make them afraid.
Penalties for Felony Menacing in Colorado
As a Class 5 felony in Colorado, the penalties for felony menacing include:
- One to three years in prison
- Two years of mandatory parole, even after you complete your sentence
- Fines up to $100,000 in addition to court costs and any restitution for the victim that the court deems necessary and appropriate
Felony menacing is not automatically treated as a “crime of violence” for mandatory sentencing under Colorado law, so it typically doesn’t trigger those enhanced sentencing rules.
Long-Term Consequences of a Felony Menacing Conviction
In addition to your official sentence from the court for a charge of felony menacing, you will face additional consequences that can follow you for life. Some of these consequences include:
- Permanent criminal record: As a felony, your menacing charge can stay on your record forever. In some cases, you can seek to have it sealed or expunged.
- Loss of gun rights: As a convicted felon, you lose your right to have a firearm or other deadly weapon. Just possessing a weapon becomes a class 5 felony.
- Employment and housing challenges: Once you have a felony conviction on your record, you will be required to disclose it on many job and housing applications. Some employers are reluctant to hire individuals with felony convictions, and some landlords may be unwilling to rent to them.
- Possible protection orders: Before and after your conviction, you may be hit with protection orders demanding that you stay away from the alleged victims, or even places that they frequent. This is particularly common in domestic violence cases.
A felony conviction can make your life a lot harder from now on, which is why it’s so important to understand the defense strategies that may be available to you.
Defense Strategies for Colorado Felony Menacing Charges
With all the penalties and consequences that come with a felony menacing charge, it’s important to mount an aggressive criminal defense against these charges. Some of the most common approaches to avoiding a felony menacing charge include:
- No deadly weapon: You can show that you didn’t have a deadly weapon. This can include presenting evidence that you didn’t have anything at the time the event occurred, or that the item you had doesn’t meet the legal definition of a deadly weapon or “simulated” deadly weapon.
- Self-defense: Saying that you felt that you or someone else was in imminent danger of serious bodily harm can justify responding with threats. Reference some of the benefits and limitations of a self-defense strategy in the context of assault.
- No intent to threaten: A felony menacing conviction requires that you intended to make another person fear imminent serious bodily injury. If you can demonstrate convincingly that your actions don’t show a clear intent to threaten, you can avoid conviction.
- False allegations or exaggeration: You can show that your accuser is overstating the situation. You can do this by showing that they have a clear motive for making false allegations, aren’t a credible witness, or have inconsistencies in their statements at various times.
Often in these cases, your defense will hinge on your personal credibility. This is an area where a defense attorney can make a big difference. In many cases, felony menacing charges arise from heated or emotionally charged exchanges. Having a clear-headed advocate who can speak on your behalf and help present your actions in the proper legal context can make a meaningful difference in your case, especially at trial.
What to Do If You’re Charged With Felony Menacing
If you’re charged with felony menacing, your conduct can significantly impact the outcome of your case. Here’s how to handle the situation so you don’t make your situation worse:
- Do not speak to law enforcement without a lawyer: You have the right to remain silent when questioned by law enforcement. Even well-intended statements or attempts to explain yourself can be misinterpreted or later used against you in court.
- Preserve evidence and witness information: Make sure you keep any evidence of the alleged confrontation. This includes keeping physical evidence, such as items you might have had in your hand, as well as the contact information of any witnesses who saw what happened. A lawyer can help you get access to any recordings that might show what really happened.
- Avoid contact with the alleged victim: You might think you can explain yourself so that the victim will drop charges, but any contact might be represented as intimidation and could result in further charges.
- Contact an experienced criminal defense attorney: You have the right to an attorney, and it will benefit you to have someone experienced with dealing with felony menacing on your side.
Why Choose M. Colin Bresee for Felony Menacing Defense
Colin Bresee is a Denver criminal defense attorney who has experience fighting serious felony charges, including felony menacing. He understands how to fight charges in court when necessary and will never recommend that you take a plea bargain that’s not in your best interest. He also knows how to design personalized defense strategies that play to your strengths and avoid weaknesses. He will communicate with you clearly to help you understand your options so that you can decide on the course of action that protects you from the worst consequences of your charges.
In addition, M. Colin Bresee offers a free initial consultation. If you do decide to work with him, there are payment plan options that help you afford the quality defense you deserve.
Protect Your Rights and Your Future
Felony menacing charges carry severe and lasting consequences beyond the three years you might spend in prison. Getting help from a lawyer early can help you avoid mistakes that will damage your defense.
A felony menacing charge can be frightening, but you don’t have to face it alone. Even if friends and family aren’t supporting you, the law says you are innocent until proven guilty, and you need an ally who will fight to give you the best possible legal defense. Please contact the Law Offices of M. Colin Bresee today for a free consultation.
Disclaimer: Past results do not predict future performance. The information on this page is for general informational purposes only and does not constitute legal advice.
