The definition of Menacing, C.R.S. 18-3-206, in Castle Rock and Highlands Ranch is:
“This is a broad definition, susceptible to the personal opinion of a police officer or Douglas County District Attorney.“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.”
Parker and Castle Rock Menacing Lawyer: Misdemeanor and Felony Menacing
Across Castle Rock, Parker and other areas in Colorado, there is a line between misdemeanor and felony Menacing. Normally, Menacing is a class 3 misdemeanor. However, it is a class 5 felony if committed by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon. It is also a class 5 felony if a person represents verbally or otherwise that they are armed with a deadly weapon.
Self Defense in Menacing Cases in Castle Rock and Douglas County
In Menacing cases in Castle Rock and Douglas County, if you are using a weapon as a means of self-defense, that does not generally matter to police. They will charge the felony version of Menacing anyway. You should always be cautious when using a weapon to “defend” yourself during an altercation with someone. That person may fake “fear” or injury and call police. Under the Menacing statute, a deadly weapon includes anything which, based on the manner used, is capable of producing death or serious bodily injury. Anything from someone’s fists, bottles, hammers, knives, or baseball bats, can qualify as a deadly weapon.
Lone Tree Menacing Attorney: Common Ways Menacing is Charged
The most common way we see Menacing charges being filed in Lone Tree are if a person threatens another person with a firearm during an argument. Sometimes, these arguments can be between couples or ex-boyfriends or girlfriends. Under these circumstances, added Domestic Violence charges will be filed with Menacing. In other cases, we see Menacing charges being filed if a person pulls out a weapon to use as self-defense during a conflict with another person. Road rage incidents frequently lead to Menacing charges being filed. Police are quick to file Menacing charges when there is a firearm or other deadly weapon involved.