Menacing is not a criminal offense you might commonly consider. However, people are regularly charged with and convicted of menacing in Colorado, and they can face harsh penalties. Simply put, menacing involves threatening someone or exposing them to fear of injury or death.
The law concerning menacing acts aims to maintain public safety and deter threatening behavior. There are different degrees of criminal menacing based on the nature of the conduct, the identity of the victim, and the victim’s characteristics.
Consequences of menacing might include jail time in some cases, highlighting the importance of working with an experienced defense attorney.
Consult an experienced menacing defense attorney in Greeley, Colorado, who can build a strong defense against your charges and protect your future.
Menacing is a crime that focuses on the offender’s intent to place another person in reasonable fear of immediate harm. The threatening conduct must be intentional for menacing charges to apply. Menacing is a Class 1 misdemeanor, or it can be a Class 5 felony when committed using a real or simulated knife, firearm, or bludgeon.
The legal definition of menacing in Weld County, as per C.R.S 18-3-206, is:
A person is guilty of a criminal act of menacing if, by any threat or physical action, they knowingly place or try to place another person in fear of imminent severe bodily injury.
To prove menacing charges, a prosecutor must prove all elements of the offense, including intent and fear of serious bodily injury.
The term “serious bodily injury” is relevant in understanding menacing charges. A severe bodily injury involves the following at the time of the actual injury or a later date:
Bodily severe injuries require an extended amount of time to heal or may never heal. These are severe injuries with long-lasting impacts.
Here are a few examples of serious bodily injuries:
The sentences of menacing charges are classified in two ways, as follows:
If charged with menacing, a Greeley defense attorney can provide a defense to minimize your sentence or have the case dropped entirely. Some of the most effective defense strategies include the following.
Your attorney can prove you had no intent to threaten the alleged victim and did not reasonably believe your conduct would scare anyone. If your attorney demonstrates a lack of intent, you should not be responsible for how people took your words or actions.
A menacing act or statement can be justifiable self-defense under Colorado law under certain circumstances. This defense might apply if you faced a credible threat that warranted self-defense, and your threats were proportional to the aggressor’s threat of violence.
Self-defense can be a complicated legal principle, and many people misapply the defense or fail to sufficiently prove it without the proper professional legal representation. Discuss the possibility of self-defense with your Greeley menacing defense lawyer from McAdams Law Office.
Depending on your circumstances, you can be charged with other crimes besides menacing in Greeley, Colorado, particularly when no weapon is involved.
Here are examples of similar charges related to menacing:
Hiring a menacing defense attorney should be your top priority if you’ve been charged with this or any other offense. A defense attorney will evaluate your charges and provide options for a solid defense.
Many circumstances necessitate the input of a menacing defense attorney, including:
Menacing can be a serious charge that may lead to the loss of freedom. When you face the risk of incarceration, time is of the essence. The sooner you hire an attorney, the higher the likelihood of a positive outcome.
Once a legal professional takes over your case, they embark on an investigation, meeting with the district attorney and compiling supporting evidence. Without the right defense attorney, you likely will not have the same access to negotiate with prosecutors or gather evidence to support your case.
Despite their suspicion of a menacing charge, the arresting law enforcement officer or the state should not violate your rights. Hiring a menacing defense attorney is a crucial aspect of protecting your rights.
In all criminal prosecutions, the accused has a right to defend themselves by appearing through counsel. The defendant should also understand the nature and cause of their accusations, among many other things.
As an accused person, you have a right to a speedy trial by an impartial jury. A menacing defense attorney understands the applicable rights and ways to protect them.
An attorney is your best ally to beat menacing charges or mitigate the consequences. An attorney may apply various defense strategies to help you minimize the consequences of the charges. The most ideal strategy depends on the specific facts of your case.
Some of the common defense strategies include:
A menacing defense attorney has handled numerous cases, allowing them to provide solid defense for your case.
In many criminal charges, the prosecutors offer a plea bargain to facilitate a settlement. You, therefore, require the knowledge of a menacing defense attorney who can reduce the sentence by negotiating with an attorney on your behalf.
You want a knowledgeable legal professional to handle the paperwork, communicate with the prosecutor, and represent you during plea-bargain meetings.
Before an attorney admits the charges or negotiates for a plea bargain, they will look at the available defenses and pursue the dismissal of charges.
If convicted of a menacing charge, you may face between 1-3 years in jail, depending on the nature of the offense. A jail term has devastating consequences, including the inability to work or be present for your family.
You should always have the assistance of an experienced menacing defense attorney to help you avoid a potential jail term. An attorney can compile various sources of evidence and demonstrate that you had no intention to harm or impose fear on the victim.
A menacing defense attorney must prepare to represent you in court if your case proceeds to trial. An attorney must prepare to face potential questions the prosecutor raises and present you in the best light for a favorable outcome.
For instance, your defense attorney can compile an eyewitness statement with a first-hand account of the incident. An attorney must also create a trial road map to help them operate efficiently during the trial proceedings.
A menacing charge can hurt your employment chances, also possibly resulting in jail time and fines. You deserve representation from an experienced attorney to fight for a reduced penalty or case dismissal.
McAdams Law Office has a highly reputable legal team with decades of experience building solid defenses for clients. Contact us online or call (970) 353-0000 for a free consultation.